THE  NEW  YORK  SCHOOL  OFFICERS    HANDBOOK 

A    MANUAL 


OF 


Common  School  Law 


BY 

C .    W.     BARDEEN 

Editor  of  the  School  Bulletin 


NINTH  EDITION,  WHOLLY  RE-WRITTEN,  WITH  1678  REFERKNCI.S  TO  EKGAI. 
DECISIONS,  AND  605  CITATIONS 


SYRACUSE,  N.   Y. 

C.  W.   BARDEEN,    PUBLISHER 


Copyright,  1910,  by  C.  \V.  IJardeeu 


References 

References  to  the  New  York  Education  Law  of  1909  are 
indicated  by  figures  in  parenthesis.  Thus  (303)  means 
section  303  of  the  education  law  of  1909. 

References  to  other  New  York  statutes  than  that  of  1909 
are  indicated  by  a  number,  a  colon,  and  the  year,  all  in 
parenthesis.  Thus  (36:1909)  stands  for  chapter  36  of  the 
laws  of  1909. 

References  to  the  New  York  Code  of  Public  Instruction, 
last  edition  (1887),  are  indicated  by  italic  numbers  in  paren- 
thesis. Thus  (49S)  means  page  492  of  the  Code  of  1887. 

This  Code  is  a  volume  of  1075  pages,  bound  in  full  leather, 
and  giving  the  explanations  and  decisions  of  the  State  De- 
partment. It  is  still  the  authority  upon  all  points  except 
where  the  law  has  been  changed,  and  by  means  of  this  man- 
ual is  made  readily  available.  Copies  may  be  had  of  the 
publisher  of  this  volume  at  $2.50  each. 

References  to  decisions  of  the  New  York  commissioner 
of  education  are  indicated  by  D  and  the  number  of  the  decision 
in  parenthesis.  ^.Thus  (D  1665)  refers  to  decision  No.  1665. 

References' ;tb . iegal 'd^cJsforfe:  aye  indicated  in  the  usual 
form.  Thus  ^(29  N  Y  *641):'  means  page  641  of  the  29th 
volume  pT^Nefy  rVprfc^ujirfcme;  4?cfeiQns. 

Reference's 'mar'ked'S.  *#.-a«>"t&  jfhe  School  Bulletin,  by 
volume  and  page.  Vol.  I  is  for  1874-5,  and  Vol.  XXXVI  for 
1909-10. 


Analytical  Table  of  Contents 

Introduction 

CONSTITUTIONAL  PROVISIONS  7 
DEFINITIONS  8 

Part  I  The  School  District 

CHAPTER  I  FORMATION  9 
Joint  districts  10 
Separate    neighborhoods    12 

CHAPTER  II  THE  DISTRICT  MEETING  15 
Qualifications   of   voters    18 
Powers   20 

Schoolhouse   sites    21 

New    schoolhouses    24 

Library    27 

CHAPTER  III  SCHOOL  DISTRICT  OFFICERS  43 
Clerk    43 
Collector    45 
Treasurer    48 
Trustees   49 
Election    51 

CHAPTER  IV  SCHOOL  TAXES  51 
Assessment    55 
Exemptions    59 
Bank    61 
Railroads    63 
Warrant   63 

CHAPTER  V  HIRING  TEACHERS  71 
Who   may  hire   74 
Who  may  be  hired  77 
Qualified    teachers   80 


250765 


2  School  Law 

CHAPTER  VI  QUALIFIED  TEACHERS  82 

Examination    83 

Further    requirements    84 

Annulling    certificates   89 

CHAPTER  VII  DURATION  OF  CONTRACT  100 
Contract    should    be    written    100 
Limits   of    duration    108 
Holidays    109 
Enforced  vacation    112 

CHAPTER  VIII  TEACHERS'  WAGES  114 
Janitor     work     115 
Specifications    119 
Verification    of   register    121 

CHAPTER  X  DISMISSING  TEACHERS  123 
Teacher's  refusal   to  keep   contract    123 
Dismissal  must  be  for  cause   124 
Remedy  for  injustice    142 

CHAPTER  XI  TRUSTEE  AND  TEACHER  148 

Original  authority  in  hands  of  trustee  148 
But  teacher  has  authority  of  his  own  150 
Teacher's  authority  not  to  be  taken  152 
Defence   against    complaining   parents    155 

CHAPTER  XII  EXTENT  OF  AUTHORITY    157 
On    the    road    concurrent    157 
Except  in   New  York    162 

CHAPTER  XIII  RULES  AND  REGULATIONS  165 
What   rules   are   reasonable    165 

CHAPTER  XIV  HOURS  OF  SCHOOL  170 
Recess   170 
Detaining  pupils   after   school    171 

CHAPTER  XV  SCHOOL  ATTENDANCE   172 
Schools    free     172 
Vaccination    174 


Contents 

Regularity    of    attendance    176 
Tardiness    179 
Suspension     182 

CHAPTER  XVI  THE  COMPULSORY  LAW'""l85 

Requirements     185 

Labor    certificate    187 

School  record  certificate    188 
Penalties     190 

CHAPTER  XVII  COURSE  OF  STUDY  199 
The  temperance   law   201 
Kindergartens    205 
Patriotic    exercises     205 
Compelling    pupils    to    follow   the    course'   208 

CHAPTER  XVIII  RELIGIOUS  INSTRUCTION  21* 

New  York  follows  a  precedent   214 

What    is    sectarian    216 

Religious   services  in   the   schoolhouse   219 

CHAPTER  XIX  CORPORAL  PUNISHMENT        221 
A  statute  right  in  New  York  222 
Limitations  on  exercising  the  right   223 
Illustrative    legal    decisions    229 
Modern    tendency    of    opinion    234 
Expulsion    the    alternative    238 
The     truant     school     240 

CHAPTER  XX  SUSPENSION  AND  EXPULSION  242 

Right  to  attend  school  conditional  242 
Teacher    may    suspend,    usually    243 
Teacher    may    not    expel    245 
Defective    children    246 
Sufficient  reason  for  expulsion   251 

Trustees  must   expel   when   necessary    254 
How  long  suspension  should  continue  255 
Damages    for    wrongful    expulsion    260 


4  School  Law 

CHAPTER  XXI  PUBLIC  MONEYS 
The    state    funds    264 
Apportionment    by    commissioner    266 
Apportionment    by    school    commissioner    270 
Gospel  and  school  lots   274 

CHAPTER  XXII  TRUSTEES:  MISCELLANEOUS  276 
Issuing    bonds     277 
Buying  books  and  apparatus  278 
United   States  flags   279 
School    savings    banks    280 
Reports    281 

CHAPTER     XXIII  TEACHERS'  CERTIFICATES  286 
Where  valid  287 
General    rules     289 
Elementary     certificate     292 
Academic   certificate    295 
Rural  renewable   certificate   297 
Training   class   certificate   300 
Limited  state  certificate  303 
State    certificate    304 
College    graduate    certificate    307 
Temporary  license   310 
Special    certificate   311 

Part  II  The  Union  School 

CHAPTER  XXIV  UNION  SCHOOL  DISTRICTS  313 
Differences  from   common   district   313 
How    formed    315 
Meetings    319 

CHAPTER  XXV  UNION  SCHOOL  OFFICERS  324 
Powers  of  board   of  education   326 
Must  teach   drawing  327 
Industrial    schools    328 
Academic  departments  333 
Apportionment    335 


Contents  5 

Superintendent  340 
Teachers'  class  43 1 
Levying  tax  345 

Part  III  Village  Schools 

CHAPTER  XXI  VILLAGE  SCHOOLS  349 
Differences  from  other  union  schools   349 
Compulsory    age    353 

Part  IV  City  Schools 

CHAPTER  XXVII  CITY  SCHOOLS  357 

Differences  from  union  and  village  schools  357 
Certification  of  grade  teachers  357 
Industrial    schools    358 
Census   board    359 

Part  V  The  Town 

CHAPTER  XXVIII  THE  TOWN  369 
Pensions    369 
Attendance    officers    371 
Supervisor  371 
Town    Clerk    377 

Part  VI  The  County 

CHAPTER  XXIX  THE  SCHOOL  COMMISSIONER    380 

Must   not   act   as   agent   382 

Powers   385 

Teachers'    Institute    388 

Part  VII  The  State 

CHAPTER  XXX  THE  COMMISSIONER  OF  EDUCA- 
TION 392 
Apportionment    393 
Powers   394 


6  School  Law 

Cornell   university   395 
Normal  schools  401 
Appeals   407 

CHAPTER  XXXI  REGENTS  OF  THE  UNIVERSITY  409 
Election    409 
Powers   411 

Library   and   museum   412 
Higher    education    418 
Incorporation    418 
Bequests  431 


Constitutional  Provisions 

1.  Common    schools.      The    legislature    shall   provide  for 
the  maintenance  and  support  of  a  system  of  free  common  schools, 
wherein  all  the  children  of  this  state  may  be  educated. 

2.  Higher  education.      The  corporation  created  in  the  year 
1784,  under  the  name  of  the  regents  of  the  university  of  the 
state  of  New  York  is  hereby  continued  under  the  name  of  the 

University  of  the  state  of  New  York.  It  shall  be  governed 
and  its  corporate  powers,  which  may  be  increased,  modified  or 
diminished  by  the  legislature,  shall  be  exercised,  by  not  less 
than  nine  regents. 

3.  Educational  funds.     The  capital  of  the  common  school 
fund,  the  capital  of  the  literature  fund,  and  the  capital  of  the 

United  States  deposit  fund,  shall  be  respectively  preserved  in- 
violate. The  revenue  of  the  said  common  school  fund  shall 
be  applied  to  the  suport  of  common  schools;  the  revenue  of  the 
said  literature  fund  shall  be  applied  to  the  support  of  academies; 
and  the  sum  of  $25,000  of  the  United  States  deposit  fund  shall 
each  year  be  apportioned  to  and  made  part  of  the  capital  of  the 
said  common  school  fund. 

4.  Restrictions   of   subsidies.      Neither   the   state   nor   any 
subdivision  thereof,  shall  use  its  property  or  credit  or  any  public 
money,   or  authorize  or  permit  either  to  be  used,   directly  or 
indirectly,  in  aid  or  maintenance,  other  than  for  examination 
or  inspection,  of  any  school  or  institution  of  learning  wholly 
or  in  part  under  the  control  or  direction  of  any  religious  denom- 
ination, or  in  which  any  denominational  tenet  or  doctrine  is 
taught. 


Definitions 

Academy  means  an  incorporated  institution  for  instruction 
in  higher  branches  of  education,  but  not  authorized  to  confer 
degrees,  and  such  high  schools,  academic  departments  in  union 
schools  and  similar  unincorporated  schools  as  are  admitted  by 
the  regents  to  the  university  as  of  academic  grades. 

College  includes  universities  and  other  institutions  for  higher 
education  authorized  to  confer  degrees. 

University  means  university  of  the  state  of  New    York. 

Regents  means  board  of  regents  of  the  university  of  ike  slate 
of  New  York. 

Commissioner  means  commissioner  of  education. 

School  commissioner  means  the  local  officer  provided  for  on 
page  381. 

Higher  education  means  education  in  advance  of  common 
elementary  branches,  and  includes  the  work  of  academies,  col- 
leges, universities,  professional  and  technical  schools,  and 
educational  work  connected  with  libraries,  museums,  university 
extension  courses  and  similar  agencies. 

The  term  "trustees,"  when  not  used  in  reference  to  a  school 
district,  includes  directors,  managers  or  other  similar  members 
of  the  governing  board  of  an  educational  institution. 

The  term  "persons  in  parental  relation"  to  a  child,  includes 
the  parents,  guardians  or  other  persons,  whether  one  or  more, 
.lawfully  having  the  care,  custody  or  control  of  such  child. 

The  term  "school  authorities"  means  the  trustees,  or  board 
vf  education,  or  corresponding  officers,  wliether  one  or  more, 
and  by  whatever  name  known,  of  a  city,  union  free  school  dis- 
trict, common  school  district,  or  school  district  created  by  special 
law.  (2) 

(8) 


CHAPTER  I 
The  School  District 

The  provisions  in  the  first  twenty- three  chapters  apply  to  common 
school  districts.  For  union  school  districts  there  are  also  special  provis- 
ions, as  given  in  Chapter  XXIV.  For  separate  neighborhoods  see  page  12. 

The  unit  of  school  control  in  the  state  of  New 
York  is  the  school  district. 

All  neighboring  states  have  adopted  the  township  system, 
by  which  all  the  schools  in  a  town  are  under  one  management, 
but  New  York  has  adhered  to  local  control.  St.  Lawrence 
county  has  a  permissive  law  for  a  system  of  town  manage- 
ment (277-80),  and  there  are  some  other  towns  in  which  the 
township  system  prevails  under  special  laws. 

The  town  is  divided  into  districts  by  the  school 
commissioner.  (20) 

In  conjunction  with  the  commissioners  of  adjoining  school 
commissioner  districts,  he  sets  off  joint  districts,  composed 
of  adjoining  parts  of  their  respective  districts,  and  he  insti- 
tutes proceedings  to  alter  the  same  in  respect  to  the  territory 
within  his  own  district.  (20) 

He  describes  and  numbers  the  school  districts,  and  joint- 
districts,  and  delivers  in  writing  to  the  town  clerk  the  des- 
cription and  number  of  each  district  lying  in  whole  or  in  part 
in  his  town,  together  with  all  notices,  consents  and  proceedings 
relating  to  the  formation  or  alteration  thereof,  immediately 
after  such  formation  or  alteration.  (20) 

(9) 


10  The  School  District  [Part  I 

Every  joint  district  must  bear  the  same  number  in  every  school  com- 
missioner district  of  whose  territory  it  is  in  part  composed.  (20) 

Whenever  it  may  become  necessary  or  convenient  to  form  a  school 
district  out  of  parcels  of  two  or  more  school  commissioner  districts,  the 
school  commissioners  of  such  districts,  or  a  majority  of  them,  may  form 
a  joint  district;  and  the  school  commissioners  within  whose  districts  any 
such  school  district  lies,  or  a  majority  of  them,  may  alter  or  dissolve  it.  (21) 

If  a  school  commissioner,  by  notice  in  writing  requires  the  attendance 
of  the  other  school  commissioners  at  a  joint  meeting  for  the  purpose  of 
altering  or  dissolving  such  a  joint  district,  and  a  majority  of  all  the  com- 
missioners refuse  or  neglect  to  attend,  such  commissioners  attending,  or 
any  of  them,  may  call  a  special  meeting  of  such  school  district  for  the 
purpose  of  deciding  whether  such  district  shall  be  dissolved;  and  its  decision 
of  that  question  is  as  valid  as  though  made  by  such  commissioners.  (22) 

With  the  written  consent  of  the  trustees  of  all  the  districts 
to  be  affected  thereby,  the  school  commissioner  may,  by 
order,  alter  any  school  district  within  his  jurisdiction,  and  fix, 
by  said  order,  a  day  when  the  alteration  shall  take  effect.  (23) 

No  district  may  be  altered  that  has  any  outstanding  indebtedness. 
(D  4363,  4381.) 

If  the  trustees  of  any  such  district  refuse  to  consent,  he  may  make 
and  file  with  the  town  clerk  his  order  making  the  change;  but  directing 
that  it  shall  not  take  effect  till  a  specified  day  not  less  thna  3  months  after 
giving  notice  to  the  trustees  as  given  below.  (24) 

Within  10  days  after  filing  such  order,  he  must  give  to  one  or  more  of 
the  assenting  and  the  dissenting  trustees  of  any  district  affected  by  the 
change,  at  least  a  week's  notice  in  writing,  that  at  a  named  time  and  place 
within  the  town,  he  will  hear  the  objections  to  the  alteration.  The  trustees 
of  any  such  district  may  request  the  supervisor  and  town  clerk  to  be  associ- 
ated with  the  commissioner;  the  decision  made,  whether  the  order  directing 
the  change  shall  be  confirmed  or  annulled,  is  final,  unless  duly  appealed 
from.  A  tie  vote  is  regarded  a  decision  for  the  purposes  of  an  appeal  on 
the  merits.  Upon  such  appeal  the  commissioner  of  education  may  affirm, 
modify  or  vacate  the  order  of  the  school  commissioner  or  the  action  of  the 
local  board.  (245) 

The  supervisor  and  the  town  clerk  are  each  entitled  to  $1.50  per  day  for 
their  services,  to  be  levied  as  a  charge  upon  the  town.  (37) 

Whenever  one  or  more  common  school  districts  adjoin 
any  union  free  school  district  whose  limits  do  not  correspond 
with  those  of  an  incorporated  village  or  city,  upon  the  written 
consent  of  the  trustees  of  all  the  districts  to  be  affected,  the 
school  commissioner  may  dissolve  such  common  school  dis- 


District]    Alteration  and  Dissolution  11 

tricts  and  annex  the  territory  of  such  districts  so  dissolved 
to  such  union  free  school  districts,  and  may  alter  any  union 
free  school  district  whose  limits  do  not  correspond  with  those 
of  any  incorporated  village  or  city,  in  the  manner  provided 
by  this  article,  but  no  such  district  shall  be  divided,  upon 
which  there  is  an  outstanding  bonded  indebtedness.  (26) 

Any  school  commissioner  may  dissolve  one  or  more  dis- 
tricts, and  may  from  such  territory  form  a  new  district; 
he  may  also  unite  such  territory  or  a  portion  thereof  to  any 
existing  adjoining  common  or  union  free  school  district.  (27) 

Though  a  district  be  dissolved,  it  continues  to  exist  in  law,  for  the 
purpose  ot  providing  for  and  paying  all  its  just  debts;  and  to  that  end  the 
trustees  and  other  officers  continue  in  office,  and  the  inhabitants  may  hold 
special  meetings,  elect  officers  to  supply  vacancies  and  vote  taxes;  and  all 
other  acts  necessary  to  raise  money  and  pay  such  debts  shall  be  done  by 
the  inhabitants  and  officers  of  the  district.  (32) 

The  school  commissioner,  or  a  majority  of  such  commis- 
sioners in  whose  districts  a  dissolved  school  district  was 
situated,  must  by  his  or  their  order  in  writing,  deliver  to  the 
clerk  of  the  district,  or  to  any  person  in  whose  possession 
the  books,  papers  and  records  of  the  district,  or  any  of  them, 
may  be,  direct  such  clerk  or  other  person  to  deposit  the  same 
in  the  clerk's  office  in  the  town  in  the  order  named.  Such 
clerk  or  other  person,  by  neglect  or  refusal  to  obey  the  order, 
forfeits  $50,  to  be  applied  to  the  benefit  of  the  common  schools 
of  said  town.  Such  commissioners  shall  file  a  duplicate  of 
the  order  with  such  clerk.  (33) 

When  two  or  more  districts  are  consolidated  into  one,  the  new  district 
succeeds  to  all  the  rights  of  property  possessed  by  the  annulled  districts.  (31) 

When  a  district  is  parted  into  portions,  which  are  annexed  to  other 
districts,  its  property  must  be  sold  by  the  supervisor  of  the  town,  within 
which  its  school-house  is  situated,  at  a  public  auction,  after  at  least  5  days' 
notice,  by  notice  posted  in  3  or  more  public  places  of  the  town  in  which  the 
school-house  is  situated,  one  of  which  must  be  posted  in  the  district  so 
dissolved.  The  supervisor,  after  deducting  the  expenses  of  the  sale,  must 
apply  its  proceeds  to  the  payment  of  the  debts  of  the  district,  and  apportion 
the  residue,  if  any,  among  the  owners  or  possessors  of  taxable  property  in 
the  district  in  ratio  of  their  several  assessments  on  the  last  corrected 
ment-roll  of  the  towns,  and  pay  it  over  accordingly.  (35) 


12  The  School  District  [Part  I 

The  supervisor  of  the  town  within  which  the  school-huose  of  the  dis- 
solved district  was  situated  may  demand,  sue  for  and  collect,  in  his  name 
of  office,  any  monej  of  the  district  outstanding  in  the  hands  of  any  of  its 
former  officers,  or  any  other  person;  and,  after  deducting  his  costs  and 
expenses,  must  report  the  balance  to  the  school  commissioner,  who  must 
portion  the  same  equitably  among  the  districts  to  which  the  parts  oi  the 
dissolved  districts  were  annexed,  to  be  by  them  applied  as  their  district 
meeting  shall  determine.  (36) 

As  districts  which  for  the  convenience  of  the 
children  embrace  parts  of  two  or  more  towns  are 
called  joint  districts,  so  districts  where  the  children 
can  be  more  conveniently  instructed  in  a  school  sit- 
uated in  another  state  are  called  separate  neighbor- 
hoods. 

Each  school  commissioner  in  respect  to  the  terri- 
tory within  his  district  has  power,  with  the  approval 
of  the  commissioner  of  education,  to  set  off  by  itself 
any  neighborhood  adjoining  any  state  of  the  union, 
where  it  shall  be  found  most  convenient  for  the  in- 
habitants to  send  their  children  to  a  school  in  such 
adjoining  state,  and  to  deliver  to  the  town  clerk  of 
the  town  in  which  it  lies,  in  whole  or  in  part,  a  des- 
cription of  each  such  separate  neighborhood.  He 
must  also  prepare  a  notice,  describing  such  neighbor- 
hood, and  appointing  a  time  and  place  for  the  first 
neighborhood  meeting,  and  deliver  such  notice  to  a 
taxable  inhabitant  of  such  neighborhood.  (60) 

It  is  the  duty  of  such  inhabitant  to  notify  every  other 
inhabitant  of  the  neighborhood,  qualified  to  vote  at  the 
meeting,  by  reading  the  notice  in  his  hearing,  or,  in  case  of 
his  absence  from  home,  by  leaving  a  copy  thereof,  or  so  much 
thereof  as  relates  to  the  time,  place  and  object  of  the  meeting, 


District]        School  Neighborhoods  13 

at  the  place  of  his  abode,  at  least  6  days  before  the  time  of 
the  meeting.  In  case  such  meeting  is  held,  and  in  the  opinion 
of  the  school  commissioner  it  is  necessary  to  hold  such  meeting 
before  the  time  herein  fixed  for  the  first  annual  meeting,  he 
must  deliver  another  such  notice  to  a  taxable  inhabitant  of 
the  neighborhood,  who  must  serve  it  as  hereinbefore  pro- 
vided. (60) 

The  annual  meeting  of  each  neighborhood  is  held 
on  the  first  Tuesday  of  August  in  each  year.  (61) 

The  hour  and  place  are  to  be  those  fixed  by  the  last 
previous  neighborhood  meeting;  or,  if  such  hour  and  place 
has  not  been  so  fixed,  then  at  the  hour  and  place  of  such 
last  meeting;  or,  if  such  place  be  no  longer  accessible,  then 
at  such  other  place  as  the  trustee,  or,  if  there  be  no  trustee, 
the  clerk,  may  in  the  notices  designate.  The  proceedings 
of  no  neighborhood  meeting,  annual  or  special,  will  be  held 
illegal  for  want  of  a  due  notice  to  all  the  persons  qualified 
to  vote  thereat,  unless  it  appears  that  the  omission  to  give 
such  notice  was  wiltul  and  fraudulent.  (61) 

The  inhabitants  of  any  neighborhood,  entitled  to 
vote,  when  assembled  in  any  annual  meeting  or  any 
special  meeting  called  by  the  commissioner  as  above 
provided,  have  power,  by  a  majority  vote  of  those 
present  to  appoint  a  chairman  for  the  time  being, 
and  to  choose  a  neighborhood  clerk  and  one  trustee, 
and  to  fill  vacancies  in  office.  (61) 

The  provisions  in  regard  to  district  meetings  apply  to  and 
govern  such  meeting,  so  far  as  the  same  can  in  substance  be 
applied  to  the  proceedings;  and  the  provisions  for  district 


14  The  School  District  [Part  I 

officers  apply  to  and  govern  the  officers  of  such  neighborhood, 
so  far  as  the  same  can  in  substance  be  applied  thereto.     (61) 


CHAPTER  II 
The  District  Meeting 

Whenever  a  new  school  district  is  formed,  the 
school  commissioner  or  any  one  or  more  of  such 
commissioners  within  whose  districts  it  may  be, 
must  prepare  a  notice  describing  such  district,  and 
appointing  a  time  and  place  for  the  first  district 
meeting,  and  deliver  such  notice  to  a  taxable  inhab- 
itant of  the  district.  (80) 

It  is  the  duty  of  such  inhabitant  to  notify  every 
other  inhabitant  of  the  district  qualified  to  vote  at 
the  meeting,  by  reading  the  notice  in  his  hearing,  or 
in  case  of  his  absence  from  home,  by  leaving  a  copy 
thereof,  or  so  much  thereof  as  relates  to  the  time, 
place  and  object  of  the  meeting,  at  the  place  of  his 
abode,  at  least  6  days  before  the  time  of  the  meet- 
ing. (81) 

In  case  such  meeting  is  held,  and  in  the  opinion  of  the 
school  commissioner  it  is  necessary  to  hold  such  meeting 
before  the  time  herein  fixed  for  the  first  annual  meeting,  he 
must  deliver  another  such  notice  to  a  taxable  inhabitant  of 
the  district,  who  must  serve  it  as  provided  above.  (82) 

The  district  clerk  of  each  common  school 
district  must  give  notice  of  the  time  and  place  of  the 
annual  meeting  by  posting  5  notices  of  such  meeting 

(15) 


16  The  District  Meeting  [Part  I 

in  5  conspicuous  places  in  the  district  5  days  previous 
to  the  date  of  such  meeting.  One  of  such  notices 
must  be  posted  on  the  front  door  of  the  school- 
house.  (83) 

The  annual  meeting  of  each  school  district  shall 
be  held  on  the  1st  Tuesday  of  August  in  each  year. 
(84) 

Unless  the  hour  and  place  have  been  fixed  by  a  vote  of  a 
previous  district  meeting,  the  same  must  be  held  in  the  school- 
house  at  7:30  p.m..  If  a  district  possesses  more  than  one 
school-house,  it  must  be  held  in  the  one  usually  employed  for 
that  purpose,  unless  the  trustees  designate  another.  If  the 
district  possesses  no  school-house,  or  if  the  school-house 
shall  be  no  longer  accessible,  then  the  annual  meeting  must  be 
held  at  such  place  as  the  trustees,  or,  if  there  be  no  trustee, 
the  clerk,  shall  designate  in  the  notice.  (84) 

Whenever  the  time  for  holding  the  annual  meeting 
in  school  districts  passes  without  such  meeting  being 
held  in  any  district,  a  special  meeting  must  thereafter 
be  called  by  the  trustees  or  by  the  clerk  of  such 
district  for  the  purpose  of  transacting  the  business 
of  the  annual  meeting.  (85.  See  195) 

If  no  such  meeting  be  called  by  the  trustees  or  the  clerk 
within  20  days  after  such  time,  the  school  commissioner  of 
the  commissioner  district  in  which  said  school  district  is 
situated  or  the  commissioner  of  education  may  order  any 
inhabitant  of  such  district  to  give  notice  of  such  meeting, 
and  the  officers  of  the  district  must  make  to  such  meeting 
the  reports  required  to  be  made  at  the  annual  meeting,  sub- 
ject to  the  same  penalty  in  case  of  neglect;  and  the  officers 
elected  at  such  meeting  will  hold  their  respective  offices  only 
until  the  next  annual  meeting  and  until  their  successors  are 
elected  and  have  qualified.  (85.  See  81,  195.) 


District]  Special  Meetings  17 

A  special  district  meeting  must  be  held  whenever 
called  by  the  trustees.  The  notice  thereof  must 
state  the  purposes  for  which  it  is  called,  and  no 
business  may  be  transacted  at  such  special  meeting, 
except  that  which  is  specified  in  the  notice.  (86. 
See  195) 

The  district  clerk,  or,  if  the  office  be  vacant,  or  the  clerk 
be  sick  or  absent,  or  refuses  to  act,  a  trustee,  or  some  taxable 
inhabitant,  by  order  of  the  trustees,  must  serve  the  notice 
upon  each  inhabitant  of  the  district  qualified  to  vote  at  dis- 
trict meetings,  at  least  5  days  before  the  day  of  the  meeting, 
in  the  manner  prescribed.  But  the  inhabitants  of  any 
district  may,  at  any  annual  meeting,  adopt  a  resolution 
prescribing  some  other  mode  of  giving  notice  of  special 
meetings,  which  resolution  and  the  mode  prescribed  thereby 
will  continue  in  force  until  rescinded  or  modified  at  some  sub- 
sequent annual  meeting.  (81,  86) 

At  the  annual  meeting,  the  usual  order  of  business  is  the 
presentation  of  the  annual  reports  of  trustees,  collector,  and 
treasurer.  The  trustees  then  present  statement  of  the 
money  needed  for  teachers'  wages,  fuel,  repairs,  insurance, 
furniture,  library,  etc.  and  the  meeting  takes  action  upon  it. 
This  should  precede  election. — Superintendent's  Circular  of 
Information,  July  5,  1894;  407). 

When  the  clerk  and  all  the  trustees  of  a  school  district 
have  removed  from  the  district,  or  their  office  be  vacant,  so 
that  a  special  meeting  can  not  be  called,  as  hereinbefore 
provided,  the  school  commissioner  may  in  like  manner  give 
notice  of,  and  call  a  special  district  meeting.  (89) 

The  proceedings  of  a  district  meeting,  annual  or  special, 
will  not  be  held  illegal  for  want  of  a  due  notice  to  all  the 
persons  qualified  to  vote  thereat,  unless  it  appear  that  the 
omission  to  give  such  notice  was  wilful  and  fraudulent.  (90) 

The  proceedings  of  any  meeting  may  be  set  aside  where  the 
proceedings  were  so  turbulent  and  disorderly  as  to  prevent  a 
fair  expression  of  opinion  (589),  or  where  records  of  the 


18  The  District  Meeting  [Part  I 

meeting  were  not  properly  kept  (591)  •  But  the  meeting  is 
not  bound  by  strict  parliamentary  rules,  and  makes  its  own. 
(573) 

If  it  is  impossible  to  transact  the  business  of  the  meeting 
through  noise  and  disorder,  the  chairman  may  adjourn  it, 
after  which  the  powers  of  the  meeting  are  exhausted.  (D 
4504) 

Every  taxable  inhabitant,  to  whom  a  notice  of  any 
district  meeting  is  delivered  for  services  pursuant  to  any 
provisions  of  this  article,  who  refuses  or  neglects  to  serve 
the  same,  as  hereinbefore  prescribed,  forfeits  $5  for  the  bene- 
fit of  the  district.  (91) 

Whenever  any  district  meeting  is  duly  called,  it 
is  the  duty  of  the  inhabitants  qualified  to  vote  thereat, 
to  assemble  at  the  time  and  place  fixed  for  the  meet- 
ing. (92) 

A  person  who,  without  authority  of  law,  wilfully  dis- 
turbs any  assembly  or  meeting  not  unlawful  in  its  character, 
is  guilty  of  a  misdemeanor.  (88:  1909,  §  1470) 

Any  person  is  qualified  to  vote  at  any  school  meet- 
ing for  the  election  of  school  district  officers,  and 
upon  all  other  matters  which  may  be  brought  before 
such  meeting  who  is: 

1.  A  citizen  of  the  United  States. 

2.  21  years  of  age. 

3.  A  resident  within  the  district   for    a  period  of 
30  days  next  preceding  the  meeting  at  which  he  offers  to 
vote;  and  who  in  addition  thereto  possesses  one  of  the 
following  four  qualifications: 

a.  Owns  or  hires,  or  is  in  the  possession  under  a 
contract  of  .purchase  of  real  property  in  such  district 
liable  to  taxation  for  school  purposes,  or 

b.  Is  the  parent  of  a  child  of  school  age,  provided 


District]       Qualifications  of  Voters  19 

such  child  has  attended  the  district  school  in  the  district 
in  which  the  meeting  is  held  for  a  period  of  at  least  8 
weeks  within  the  school  year  preceding  such  school 
meeting,  or 

c.  Not   being   the  parent  has  permanently  residing 
with  him  a  child  of  school  age  who  has  attended  the  dis- 
trict school  for  a  period  of  at  least  8  weeks  within  the 
school  year  preceding  such  meeting,  or 

d.  Owns   any  personal  property,   assessed  on  the 
last  preceding  assessment  roll  of  the  town,   exceeding 
$50  in  value,  exclusive  of  such  as  is  exempt  from  exe- 
cution. 

The  voter  must  have  all  the  qualifications  (1),  (2),  (3), 
and  one  of  the  qualifications  (a),  (b),  (c),  (d).  An  alien  is 
no  longer  permitted  to  vote.  (D  4498) 

Under  (b)  both  father  and  mother  are  entitled  to  vote. 

Under  (c)  only  one  person,  the  head  of  the  household,  is 
entitled  to  vote.  Therefore  where  the  husband  and  wife 
residing  together  have  such  a  child  residing  with  them,  the 
wife  is  not  on  that  account  entitled  to  vote. 

Under  (a)  a  man  does  not  become  eligible  through  real 
estate  owned  by  his  wife  (791).  (60  Neb  353;  83  N  W 
85) 

No  person  is  ineligible  to  vote  at  any  district  meeting  or 
to  serve  as  any  school  officer,  by  reason  of  sex,  who  has  the 
qualifications  required  by  law.  (93:  791) 

Woman  school  suffrage  is  now  common.  (15  Neb  44, 
19  N  W  682,  etc.) 

If  any  person  offering  to  vote  at  any  school  district  meet- 
ing is  challenged  as  unqualified,  by  any  legal  voter  in  such 
district,  the  chairman  presiding  at  such  meeting  must  require 
the  person  so  offering,  to  make  the  following  declaration: 
"I  do  declare  and  affirm  that  I  am,  and  have  been,  for  the  30 
days  last  past,  an  actual  resident  of  this  school  district  and 
that  I  am  qualified  to  vote  at  this  meeting."  And  every 


20  The  District  Meeting  [Part  I 

person  making  such  declaration  must  be  permitted  to  vote 
on  all  questions  proposed  at  such  meeting ;  but  if  any 
person  refuses  to  make  such  declaration,  his  vote  must  be 
rejected.  (94) 

Any  person  who  wilfully  makes  a  false  declaration  of  his 
right  to  vote  at.  any  such  school  meeting,  after  his  right  to 
vote  thereat  has  been  challenged,  is  deemed  guilty  of  a  mis- 
demeanor. And  any  person  not  qualified  to  vote  at  any  such 
meeting,  who  votes  thereat,  thereby  forfeits  $10,  to  be  sued 
for  by  the  supervisor  for  the  benefit  of  the  common  schools 
of  the  town.  (95) 

No  person  present  at  a  school  meeting  and  believing  that 
any  person  there  votes  illegally,  and  permitting  such  person 
so  to  vote,  will  be  allowed  to  appeal  to  the  education  depart- 
ment against  the  proceedings  of  such  meeting,  nor  will  the 
proceedings  be  vitiated  unless  the  result  would  have  been 
changed  by  excluding  the  illegal  votes. 

On  all  propositions  arising  at  said  meetings  involv- 
ing the  expenditure  of  money,  or  authorizing  the  levy 
of  a  tax  in  one  sum  or  by  instalments,  the  vote  thereon 
must  be  by  ballot,  or  ascertained  by  taking  and  record- 
ing the  ayes  and  noes  of  such  qualified  voters  attend- 
ing and  voting  at  such  meeting;  and  they  may 
direct  the  moneys  so  voted  to  be  levied  in  one  sum, 
or  by  instalments.  (97,  127) 

The  inhabitants  entitled  to  vote,  when  duly  assem- 
bled at  any  district  meeting,  have  power  by  a  major- 
ity vote  of  those  present : 

It  requires  a  majority  vote  to  elect;  that  is  the  candidate 
must  receive  more  votes  than  all  the  other  candidates  together 
(517,  524} 

1.  To  appoint  a  chairman.     (96) 

2.  //  the  district  clerk  be  absent  to  appoint  a  clerk 
for  the  time.     (96) 


District]  Powers  21 

3.  To  adjourn  from  time  to  time  as  occasion  may 
require.     (96) 

4.  To  elect  one  or  three  trustees,  a  district  clerk  and 
a  district  collector,  at  their  first  meeting,  and  so  often 
as  such  offices  or  any  of  them  become  vacated,  except  as 
hereinafter  provided.     (96,  145,  174) 

5.  At  the  first  meeting  or  at  any  subsequent  annual 
meeting,  or  at  any  special  meeting  duly  called  for  that 
purpose,  the  qualified  voters  of  any  school  district  are 
authorized  to  adopt  by  a  vote  of  a  majority  of  such 
voters  present  and  voting,  to  be  ascertained  by  taking 
and  recording  the  ayes  and  noes,  a  resolution  to  elect  a 
treasurer  of  said  district,  who  is  the   custodian  of  all 
moneys.     (96) 

If  such  resolution  shall  be  adopted,  such  voters  must 
thereupon  elect  by  ballot  a  treasurer  for  said  district.  Any 
person  elected  treasurer  at  any  meeting  other  than  an  annual 
meeting,  holds  office  until  the  next  annual  meeting  after  such 
election,  and  until  his  successor  is  elected  or  appointed,  and 
thereafter  a  treasurer  must  be  elected  at  each  annual  meeting 
for  the  term  of  one  year.  (96) 

It  may  also  accept  the  resignation  of  district 
officers.  (148)  See  page  42. 

6.  To  fix  the  amount  in  which    the    collector    and 
treasurer  shall  give   bonds  for   the  due   and  faithful 
performance  of  the  duties  of  their  offices.     (96) 

7.  To  designate  a  site  for  a  school-house,  or,  with 
the   consent   of  the  school  commissioner  within  whose 
district  the  school  district  lies,  to  designate  sites  for  two 
or  more  school-houses  for  the  district.     (96) 

Such  designation  of  a  site  for  a  school-house  may  be 
made  only  at  a  special  meeting  of  the  district,  duly  called  for 


22  The  District  Meeting  [Part  I 

such  purpose  by  a  written  resolution  in  which  the  proposed 
site  is  described  by  metes  and  bounds,  and  the  resolution 
must  receive  the  assent  of  a  majority  of  the  qualified  voters 
present  and  voting,  to  be  ascertained  by  taking  and  recording 
the  ayes  and  noes.  (96,  1 19) 

The  district  is  not  limited  as  to  the  amount  it  may  pay  for 
a  site  (642) 

The  district  must  purchase  a  site.  A  perpetual  lease  will 
not  be  permitted.  (650,  685)- 

Traffic  in  liquor  is  not  permitted  in  any  building,  yard, 
booth,  or  other  place  which  is  on  the  same  street  or  avenue 
or  within  200  feet  of  a  building  occupied  exclusively  as  a 
school-house;  the  measurements  to  be  taken  in  a  straight 
line  from  the  center  of  the  nearest  entrance  of  the  building 
used  for  such  school  to  the  centre  of  the  nearest  entrance  of 
the  place  in  which  such  liquor  traffic  is  desired  to  be  carried 
on.  (39:1909) 

So  long  as  a  district  remains  unaltered,  the  site  of  a  school- 
house  owned  by  it,  upon  which  there  is  a  school-house  erected 
or  in  process  of  erection,  may  not  be  changed,  nor  such  school- 
house  be  removed,  unless  by  the  consent,  in  writing,  of  the 
school  commissioner  having  jurisdiction;  nor  with  such 
consent,  unless  a  majority  of  all  the  legal  voters  of  said 
district  present  and  voting,  to  be  ascertained  by  taking  and 
recording  the  ayes  and  noes,  at  a  special  meeting  called  for 
that  purpose,  adopt  a  written  resolution  designating  such  new 
site,  and  describing  such  new  site  by  metes  and  bounds.  ( 1 18) 

Whenever  the  site  of  a  school-house  has  been  changed,  the 
district  meeting  has  power,  by  a  majority  of  the  votes  of 
those  present,  to  direct  the  sale  of  the  former  site  or  lot,  and 
the  buildings  thereon  and  appurtenances  or  any  part  thereof, 
at  such  price  and  upon  such  terms  as  they  deem  proper;  and 
any  deed  duly  executed  by  the  trustees  of  such  district,  or  a 
majority  of  them,  in  pursuance  of  such  direction,  is  valid 
and  effectual  to  pass  all  the  estate  or  interst  of  such  school 
district  in  the  premises.  (120,  229) 


District]  Schoolhouse  Sites  23 

When  a  credit  is  directed  to  be  given  upon  such  sale  for  the  consideration 
money,  or  any  part  thereof,  the  trustees  are  authorized  to  take  in  their 
corporate  name  such  security  by  bond  and  mortgage,  or  otherwise,  for  the 
payment  thereof,  as  they  deem  best,  and  are  to  hold  the  same  as  a  corpora- 
tion, and  account  therefor  to  their  successors  in  office  and  to  the  district, 
in  the  manner  they  are  now  required  by  law  to  account  for  moneys  received 
by  them;  and  the  trustees  of  any  such  district  for  the  time  being  may,  in 
their  name  of  office,  sue  for  and  recover  the  moneys  due  and  unpaid  upon 
any  security  so  taken  by  them  or  their  predecessors.  (120) 

All  moneys  arising  from  any  sale  thus  made  must  be  applied 
to  the  expenses  incurred  in  procuring  a  new  site,  and  in  remov- 
ing or  erecting  thereon  a  school-house,  and  improving  and 
furnishing  such  site  and  house,  and  their  appurtenances,  so 
far  as  such  application  is  necessary;  and  the  surplus,  if  any, 
must  be  devoted  to  the  purchase  of  school  apparatus  and  the 
support  of  the  school,  as  the  inhabitants  at  any  annual  meeting 
shall  direct.  (121) 

Land  for  the  site  of  a  school-house  in  any  school 
district  or  additional  land  adjoining  to  and  for  the  en- 
largement of  an  established  site  in  any  school  dis- 
trict, may  be  acquired  by  condemnation  in  cases  where 
the  owners  thereof,  or  some  of  them,  will  not  consent 
to  sell  the  same  for  such  purpose,  or  the  trustees  or 
board  of  education  of  the  district  can  not  agree  with 
such  owners  or  some  of  them,  upon  the  price  or  value 
thereof,  as  real  property  for  public  use  is  taken  under 
and  pursuant  to  the  laws  of  the  state.  (122) 

The  trustees  or  board  of  education  of  any  such  school 
district  are  authorized  and  empowered  to  institute,  carry  on 
and  complete  the  proceedings  necessary  for  acquiring  said 
land,  and  the  title  thereto,  for  and  on  behalf  ot  such  district. 
The  method  of  procedure  to  acquire  such  land  is  that  pre- 
scribed for  the  condemnation  of  real  property  for  public  use 
in  title  1  of  chapter  23  of  the  code  of  civil  procedure,  and 
any  amendments  thereof,  entitled  "  proceedings  for  the 
condemnation  of  real  property",  and  known  as  the  "condem- 
nation law".  (122) 


24  The  District  Meeting  [Part  I 

But  this  does  not  apply  to  cities  of  more  than  30,000  inhabitants,  nor 
is  it  lawful  under  this  section  to  acquire  title  less  than  the  whole  of  any  city 
or  village  lot.  with  the  erections  thereon,  if  any,  without  the  consent  of 
such  owners;  nor  beyond  the  corporate  limits  of  cities,  to  any  garden  or 
orchard,  or  any  part  thereof,  nor  to  any  part  of  any  yard  or  inclosure 
necessary  to  the  use  and  enjoyment  of  buildings,  or  any  fixtures  or  erections 
for  the  purposes  of  trade  or  manufactures,  without  the  consent  of  the 
owners  thereof.  (123) 

8.  To  vote  a  tax  upon  the  taxable  property  of  the 
district  to  purchase,  lease  and  improve  such  sites  or  an 
addition  to  such  sites;  to  hire  or  purchase  rooms  or 
buildings  for  school-rooms  or  school-houses,  or  to  build 
school-houses]  and  to  keep  in  repair  and  furnish  the 
same  with  necessary  fuel,  furniture  and  appurtenanr.es. 
(96,  126) 

The  district  may  vote  to  build  a  new  schoolhouse  without  waiting  for 
the  commissioner  to  condemn  the  old  one.  (D  4337) 

A  school  commissioner  may  by  an  order  under  his 
hand,  reciting  the  reason,  condemn  a  school-house,  if 
he  deems  it  wholly  unfit  for  use  and  not  worth  repair- 
ing, and  deliver  the  order  to  the  trustees,  or  to  one  of 
them,  and  transmit  a  copy  to  the  commissioner  of 
education.  Such  order,  if  no  time  for  its  taking  effect 
be  stated  in  it,  takes  effect  immediately.  He  must 
state  therein  what  sum  will,  in  his  opinion,  be  necessa- 
ry to  erect  a  school-house  capable  of  accommodating 
the  children  of  the  district.  (115) 

Immediately  upon  the  receipt  of  said  order,  the 
trustees  of  such  district  must  call  a  special  meeting 
of  the  inhabitants  of  said  district,  for  the  purpose  of 
considering  the  question  of  building  a  school-house 
thereon.  Such  meeting  has  power  to  determine  the 
size  of  said  school-house,  the  material  to  be  used  in 
its  erection,  and  to  vote  a  tax  to  build  the  same.  But 


District]         New  School-houses  25 

such  meeting  has  no  power  to  reduce  the  estimate 
made  by  the  commissioner  aforesaid  by  more  than 
25%  of  such  estimate.  (115) 

Where  no  tax  for  building  such  house  has  been 
voted  by  such  district  within  30  days  from  the  time  of 
holding  the  first  meeting  to  consider  the  question,  it 
is  the  duty  of  the  trustees  of  such  district  to  contract 
for  the  building  of  a  school- house  capable  of  accom- 
modating the  children  of  the  district,  and  to  levy  a 
tax  to  pay  for  the  same,  which  tax  shall  not  exceed  the 
sum  estimated  as  necessary  by  the  commissioner 
aforesaid,  and  which  shall  not  be  less  than  such  es- 
timated sum  by  more  than  25%  thereof.  But  such 
estimated  sum  may  be  increased  by  a  vote  of  the 
inhab  itants  at  any  school  meeting  subsequently  called 
and  held  according  to  law.  (115) 

No  school-house  may  be  built  so  as  to  stand  on  the 
division  line  of  any  two  towns.  (110) 

No  school-house  may  be  erected  in  any  city  of  the 
3rd  class  or  in  any  incorporated  village  or  school 
district,  and  no  addition  to  a  school  building  in  any 
such  place  may  hereafter  be  erected,  the  cost  of  which 
shall  exceed  $500,  or  tax  levied  for  the  same,  until 
the  plans  and  specifications  for  the  same  have  been 
submitted  to  the  commissioner  of  education  and  his 
approval  indorsed  thereon.  Such  plans  and  specifica- 
tions must  show  in  detail  the  ventilation,  heating  and 
lighting  of  such  buildings.  (Ill) 

Such  plans  must  provide  at  least  15  square  feet  of 
floor  space  and  200  cubic  feet  of  air  space  for  each 


26  The  District  Meeting  [Part  I 

pupil  to  be  accommodated  in  each  study  or  recitation 
room  therein,  and  provision  made  for  assuring  at 
least  30  cubic  feet  of  pure  air  every  minute  per  pupil, 
and  the  facilities  for  exhausting  the  foul  or  vitiated  air 
therein  must  be  positive  and  independent  of  atmos- 
pheric changes.  (116) 

Such  school-houses  must  also  have  all  halls,  doors, 
stairways,  seats,  passage-ways  and  aisles  and  all 
lighting  and  heating  appliances  and  apparatus  ar- 
ranged to  facilitate  egress  in  cases  of  fire  or  accident 
and  to  afford  the  requisite  and  proper  accommodations 
for  public  protection  in  such  cases.  All  exit  doors 
must  open  outwardly,  and,  must,  if  double  doors  be 
used,  be  fastened  with  movable  bolts  operated  simul- 
taneously by  one  handle  from  the  inner  face  of  the 
door.  No  staircase  may  be  constructed  with  wider 
steps  in  lieu  of  a  platform,  but  must  be  constructed  with 
straight  runs,  changes  in  direction  being  made  from 
platforms.  No  door  may  open  immediately  upon  a 
flight  of  stairs,  but  a  landing  at  least  the  width  of 
the  door  must  be  provided  between  such  stairs  and 
such  doorway.  (Ill) 

All  school  buildings  in  the  state,  other  than  in  the 
city  of  New  York,  which  are  more  than  2  stories 
high,  must  have  properly  constructed  stairways  on  the 
outside  thereof,  with  suitable  doorways  leading  there- 
to, from  each  story  above  the  first,  for  use  in  case  of 
fire.  Such  stairways  must  be  kept  in  good  order  and 
free  from  obstruction.  (112) 


District]  Public  Libraries  27 

It  is  the  duty  of  the  trustee  or  board  of  education  having 
charge  of  said  school  buildings  to  cause  such  stairways  to  be 
constructed  and  maintained,  and  the  reasonable  and  proper 
cost  thereof  are  a  legal  charge  upon  the  district  or  city,  and 
must  be  raised  by  tax,  as  other  moneys  are  raised  for  school 
purposes.  (112) 

8a.  To  vote  such  taxes  as  they  deem  expedient  for 
making  additions,  alterations  or  improvements  to  or 
in  the  sites  or  structures  belonging  to  the  district,  or 
for  the  purchase  of  other  sites  or  structures,  or  for  a 
change  of  sites,  or  for  the  erection  of  new  buildings, 
or  for  buying  apparatus,  or  fixtures,  or  for  paying  the 
wages  of  teachers  and  the  necessary  expenses  of  the 
school,  or  for  such  other  purpose  relating  to  the  sup- 
port and  welfare  of  the  school  as  they  may,  by  reso- 
lution, approve.  (126) 

9.  To  vote  a  tax,  not  exceeding  $25  in  any  one  year, 
for  the  purchase  of  maps,  globes,  blackboards  and  other 
school  apparatus,  and  for  the  purchase  of  text-books  and 
other  school  necessaries  for  the  use  of  poor  scholars  in 
the  district.     (96,    126) 

This  section  does  not  authorize  the  adoption  of  free  text-books.  (229) 
It  has  been  held  in  Illinois  that  in  the  absence  of  a  constitutional  provision 
or  of  a  statute  giving  authority,  no  board  of  education  may  expend  money 
to  buy  books  to  give  or  to  loan  to  children.  (Kill  vs.  Harris,  Cook  county 
C.  C.  Nov.  23,  1901).  See  page  39. 

10.  To  vote  a  tax  for  the  establishment  of  a  school 
library  and  the  maintenance  thereof,  or  for  the  support 
of  any  school  library  already  owned  by  said  district, 
and  for  the  purchase  of  books  therefor,  and  such  sum  as 
they  may  deem  necessary  for  the  purchase  of  a  book- 
case.    (96,  126,  1047) 

By  majority  vote  at  any  election,  any  city,  village, 


28  The  District  Meeting  [Part  I 

town,  school  district,  or  other  body  authorized  to 
levy  and  collect  taxes,  or  by  vote  of  its  common  coun- 
pil,  or  by  action  of  a  board  of  estimate  and  appor- 
tionment or  other  proper  authority,  any  city,  or  by 
vote  of  its  trustees,  any  village,  may  establish  and  main- 
tain a  free  public  library,  with  or  without  branches, 
either  by  itself  or  in  connection  with  any  other  body 
authorized  to  maintain  such  library.  (1028,  1047) 

Whenever  25  taxpayers  so  petition,  the  question  of  provid- 
ing library  facilities  must  be  voted  on  at  the  next  election 
or  meeting  at  which  taxes  may  be  voted,  provided  that  due 
public  notice  shall  have  been  given  of  the  proposed  action. 
A  municipality  or  district  named  in  this  section  may  raise 
money  by  tax  to  establish  and  maintain  a  public  library  or 
libraries,  or  to  provide  a  building  or  rooms  for  its  or  their 
use,  or  to  share  the  cost  as  agreed  with  other  municipal  or 
district  bodies,  or  to  pay  for  library  privileges  under  a  con- 
tract therefor.  It  may  also  acquire  real  or  personal  property 
for  library  purposes  by  gift,  grant,  devise  or  condemnation, 
and  may  take,  buy,  sell,  hold  and  transfer  either  real  or  per- 
sonal property  and  administer  the  same  for  public  library 
purposes.  (1028) 

By  majority  vote  at  any  election  any  municipality  or  dis- 
trict or  by  three-fourths  vote  of  its  council,  any  city,  or  any 
public  library  in  the  university,  or  any  designated  branch 
thereof,  if  so  authorized  by  such  vote  of  a  municipality, 
district,  or  council,  or  any  combination  of  such  voting  bodies, 
may  accept  gifts,  grants,  devises  or  bequests  for  public 
library  purposes  on  condition  that  a  specified  annual  appro- 
priation shall  thereafter  be  made,  by  the  municipality  or 
district  or  combination  so  authorizing  such  acceptance  for 
maintenance  of  such  library  or  branches  thereof.  (1029, 
1047) 

Such  acceptance,  when  approved  by  the  regents  of  the 
university,  and  in  a  school  not  subject  to  their  visitation 


District]  Public  Libraries  29 

when  approved  by  the  commissioner  of  education,  is  a 
binding  contract,  and  such  municipality  and  district  must 
levy  and  collect  yearly  the  amount  provided  in  the  manner 
prescribed  for  other  taxes,  and  must  maintain  any  so  accepted 
gift,  grant,  devise  or  bequest,  intact  and  make  good  any 
impairment  thereof.  (1029) 

By  similar  vote  money  may  be  granted  towards  the 
support  of  libraries  not  owned  by  the  public  but  maintained 
for  its  welfare  and  free  use;  provided,  that  such  libraries 
shall  be  subject  to  the  inspection  of  the  regents  and  regis- 
tered by  them  as  maintaining  a  proper  standard,  that  the 
regents  shall  certify  what  number  of  the  books  circulated 
are  of  such  a  character  as  to  merit  a  grant  of  public  money, 
and  that  the  amount  granted  yearly  to  libraries  on  the  basis 
of  circulation  shall  not  exceed  10  cts.  for  each  volume  of 
the  circulation  thus  certified  by  the  regents.  (1030) 

Taxes,  in  addition  to  those  otherwise  authorized* 
may  be  voted  for  any  purpose  specified  above,  and 
must,  unless  otherwise  directed  by  such  vote,  be  con- 
sidered as  annual  appropriations  therefor  till  changed 
by  further  vote,  and  are  to  be  levied  and  collected 
yearly,  or  as  directed,  as  are  other  general  taxes. 
(1032) 

All  money  received  from  taxes  or  other  sources  for  such 
library  must  be  kept  as  a  separate  library  fund  and  expended 
only  under  direction  of  the  library  trustees  on  properly 
authenticated  vouchers.  (1032) 

Free  public  libraries  established  by  action  of  the  voters 
or  their  representatives  must  be  managed  by  trustees  who 
have  all  the  powers  of  trustees  of  other  educational  insti- 
tutions of  the  university ;  provided,  unless  otherwise  specified 
in  the  charter,  that  the  number  of  trustees  be  5;  that  they 
be  elected  by  the  legal  voters,  except  that  in  cities  they  must 
be  appointed  by  the  mayor  with  the  consent  of  the  common 


30  The  District  Meeting  [Part  I 

council,  from  citizens  of  recognized  fitness  for  such  position: 
that  the  first  trustees  determine  by  lot  whose  term  of  office 
shall  expire  each  year  and  that  a  new  trustee  shall  be  elected 
or  appointed  annually  to  serve  for  5  years.  (1033) 

Within  one  month  after  taking  office,  the  board  or  trustees 
of  any  such  free  public  library  must  apply  to  the  regents  for 
a  charter  in  accordance  with  the  vote  establishing  the  library. 
(1034) 

Every  library  thus  established  must  be  forever  free 
to  the  inhabitants  of  the  locality  which  establishes 
it,  subject  always  to  rules  of  the  library  trustees,  who 
have  authority  to  exclude  any  person  who  wilfully 
violates  such  rules ;  and  the  trustees  may,  under  such 
conditions  as  they  think  expedient,  extend  the  privi- 
leges of  the  library  to  persons  living  outside  such 
locality.  (1035) 

Every  library  or  museum  which  receives  state  aid  or 
any  exemption  from  taxation  or  other  privilege  not  usually 
accorded  to  business  corporations  must  make  the  report 
required  by  the  regents,  and  such  report  relieves  the  insti- 
tution from  making  any  report  now  required  by  statute  or 
charter  to  be  made  to  the  legislature,  or  to  any  department, 
court  or  other  authority  of  the  state.  These  reports  are  to 
be  summarized  and  transmitted  to  the  legislature  by  the 
regents  with  the  annual  reports  of  the  state  library  and 
state  museum.  (1036,  1096) 

Whoever  intentionally  injures,  defaces  or  destroys 
any  property  belonging  to  or  deposited  in  any  incor- 
porated library,  reading-room,  museum  or  other 
educational  institution,  shall  be  punished  by  imprison- 
ment in  a  state  prison  for  not  more  than  3  years,  or 
in  a  county  jail  for  not  more  than  1  year,  or  by  a  fine 
of  not  more  than  $500,  or  by  both  fine  and  imprison- 
ment. (1037) 


District]  Public  Libraries  31 

Whoever  wilfully  detains  any  book,  newspaper, 
magazine,  pamphlet,  manuscript  or  other  property 
belonging  to  any  public  or  incorporated  library, 
reading-room,  museum  or  other  educational  institu- 
tion, for  30  days  after  notice  in  writing  to  return  the 
same,  given  after  the  expiration  of  the  time  which  by 
the  rules  ot  such  institution,  such  article  or  other 
property  may  be  kept,  must  be  punished  by  a  fine  of 
not  less  than  SI  nor  more  than  $25,  or  by  imprison- 
ment in  the  jail  not  exceeding  6  months,  and  the  said 
notice  must  bear  on  its  face  a  copy  of  this  section. 
(1038) 

Any  corporation,  association,  school  district  or  combination 
of  districts  may,  by  legal  vote  duly  approved  by  the  regents, 
transfer,  conditionally,  or  otherwise,  the  ownership  and  con- 
trol of  its  library,  with  all  its  appurtenances,  to  any  munici- 
pality, or  district,  or  public  library  in  the  university,  or  any 
designated  branch  thereof,  and  thereafter  such  transferee 
shall  be  entitled  to  receive  any  money,  books  or  other  proper- 
ty from  the  state  or  other  sources,  to  which  the  transferring 
body  would  have  been  entitled  but  for  such  transfer,  and  the 
trustees  or  body  making  the  transfer  shall  thereafter  be 
relieved  of  all  responsibility  pertaining  to  property  thus 
transferred.  (1029,  1039) 

If  the  local  authorities  of  any  library  supported 
wholly  or  in  part  by  state  money,  fail  to  provide  for 
the  safety  and  public  usefulness  of  its  books,  the 
regents  must  in  writing  notify  the  .trustees  of  said 
library  which  is  necessary  to  meet  the  state's  require- 
ments, and  on  such  notice  all  its  rights  to  further 
grants  of  money  or  books  from  the  state  are  suspended 
until  the  regents  certify  that  the  requirements  have 
been  met.  (1040) 


32  The  District  Meeting  [Part  I 

If  said  trustees  shall  refuse  or  neglect  to  comply  with  such 
requirements  within  60  days  after  service  of  such  notice, 
the  regents  may  remove  them  from  office  and  thereafter  all 
books  and  other  library  property  wholly  or  in  part  paid  for 
from  state  money  are  under  the  full  and  direct  control  of  the 
regents  who,  as  shall  seem  best  for  public  interests,  may  ap- 
point new  trustees  to  carry  on  the  library,  or  may  store  it,  or 
distribute  its  books  to  other  libraries.  (1040) 

Under  such  rules  as  the  regents  may  prescribe,  they 
may  lend  from  the  state  library,  duplicate  department, 
or  from  books  specially  given  or  bought  for  this  pur- 
pose, selections  of  books  for  a  limited  time  to  any 
public  library  in  this  state  under  visitation  of  the 
regents,  or  to  any  community  not  yet  having  estab- 
lished such  library,  but  which  has  conformed  to  the 
conditions  required  for  such  loans.  (1041) 

The  trustees  or  librarian  or  any  citizen  interested  in  any 
public  library  in  this  state  are  entitled  to  ask  from  the  officers 
of  the  state  library  any  needed  advice  or  instruction  as  to  a 
library  building,  furniture  and  equipment,  government  and 
service,  rules  for  readers,  selecting,  buying,  cataloguing, 
shelving,  lending  books,  or  any  other  matter  pertaining  to 
the  establishment,  reorganization  or  administration  of  a 
public  library.  The  regents  may  provide  for  giving  such 
advice  and  instruction  either  personally  or  through  printed 
matter  and  correspondence,  either  by  the  state  library  staff 
or  by  a  library  commission  of  competent  experts  appointed 
by  the  regents  to  serve  without  salary.  The  regents  may, 
on  request,  select  or  buy  books,  or  furnish  them  instead  of 
money  apportioned,  or  may  make  exchanges  and  loans 
through  the  duplicate  department  of  the  state  library. 
(1041) 

Such  assistance  is  free  to  residents  of  the  state  as  far  as  practicable, 
but  the  regents  may,  in  their  discretion,  charge  a  proper  fee  to  nonresidents 
or  for  assistance  of  a  personal  nature  or  for  other  reason  not  properly  an 
expense  to  the  state,  but  which  may  be  authorized  for  the  accommodation 
of  users  of  the  library.  (1042) 


District]  Public  Libraries  33 

Such  sum  as  has  been  appropriated  by  the  legis- 
lature as  public  library  money  is  paid  annually  by  the 
treasurer,  on  the  warrant  of  the  comptroller,  from  the 
income  of  the  United  States  deposit  fund,  according 
to  an  apportionment  made  for  the  benefit  of  free 
libraries  by  the  regents.  (1043) 

None  of  this  money  may  be  spent  for  books  except  those 
approved  or  selected  and  furnished  by  the  regents ;  no  local- 
ity may  share  in  the  apportionment  unless  it  raises  and  uses, 
for  the  same  purpose  not  less  than  an  equal  amount  from 
taxation  or  other  local  sources;  for  any  part  of  the  ap- 
portionment not  payable  directly  to  the  library  trustees  the 
regents  file  with  the  comptroller  proper  vouchers  showing 
that  it  has  been  spent  in  accordance  with  law  exclusively  for 
books  for  free  libraries  or  for  proper  expenses  incurred  for 
their  benefit;  and  books  paid  for  by  the  state  are  subject  to 
return  to  the  regents  whenever  the  library  neglects  or  refuses 
to  conform  to  the  ordinances  under  which  it  secured  them. 
(1043) 

Any  library  thus  established  by  public  vote  or 
action  of  school  authorities  may  be  abolished  only  by 
a  majority  vote  at  a  regular  annual  election,  ratified 
by  a  majority  vote  at  the  next  annual  election.  (1044) 

If  any  such  library  is  abolished  its  property  shall  be  used 
first  to  return  to  the  regents,  for  the  benefit  of  other  public 
libraries  in  that  locality,  the  equivalent  of  such  sums  as  it 
may  have  received  from  the  state  or  from  other  sources  as 
gifts  for  public  use.  After  such  return  any  remaining  proper- 
ty may  be  used  as  directed  in  the  vote  abolishing  the  library, 
but  if  the  entire  library  property  does  not  exceed  in  value  the 
amount  of  such  gifts  it  may  be  transferred  to  the  regents  for 
public  use,  and  the  trustees  are  thereupon  free  from  further 
responsibility.  No  abolition  of  a  public  library  is  lawful 
till  the  regents  grant  a  certificate  that  its  assets  have  been 
properly  distributed  and  its  abolition  completed  in  accord- 
ance with  law.  ( 1044) 


34  The  District  Meeting  [Part  I 

The  school  library  is  a  part  of  the  school  equipment 
and  must  be  kept  in  the  school  building  at  all  times, 
and  not  be  used  as  a  circulating  library,  except  that, 
so  far  as  the  rules  fixed  by  the  commissioner  of 
education  allow,  teachers  and  school  officers  or 
pupils,  with  the  leave  of  the  librarian,  may  borrow 
from  said  library  any  book  not  needed  for  reference  in 
the  school-room;  but  such  persons  shall  not  borrow 
more  than  1  volume  at  a  time  and  shall  not  keep  the 
same  more  than  2  weeks.  (1045) 

The  board  of  education  or  trustees  must  appoint  a 
teacher  of  the  schools  under  their  charge  as  librarian, 
who,  with  the  trustees,  is  responsible  for  the  safety 
and  proper  care  of  the  books,  and  must  annually,  and 
whenever  required,  make  such  reports  concerning  the 
library  as  the  commissioner  of  education  may  direct. 
(1045) 

Any  board  of  education  in  any  city  or  union  free 
school  district,  or  any  duly  constituted  meeting  in 
any  other  district,  is  authorized  to  give  any  or  all  of 
its  books  or  other  library  property  to  any  township  or 
other  free  public  library  under  state  supervision,  or 
to  aid  in  establishing  such  free  public  library,  provided 
it  is  free  to  the  people  of  such  city  or  district.  (1048) 

A  receipt  from  the  officers  of  the  said  free  public  library, 
and  an  approval  of  the  transfer  under  seal  by  the  regents  of 
the  university,  forever  relieves  the  said  school  authorities  of 
further  responsibility  for  .he  said  library  and  property  so 
transferred.  (1048) 

Any  books  or  other  library  property  belonging  to  any 
district  library,  and  which  have  not  been  in  direct  charge  of 
a  librarian  duly  appointed  within  one  year,  may  be  taken  and 


District]          The  School  Library  35 

thereafter  be  owned  by  any  public  library  under  state  super- 
vision, which  has  received  from  the  regents  of  the  university 
written  permission  to  collect  such  books  or  library  property, 
and  to  administer  the  same  for  the  benefit  of  the  public; 
provided,  that  said  books  or  other  library  property  be  found 
in  the  territory  for  which  such  public  library  is  maintained, 
as  defined  in  its  charter  or  in  the  permission  granted  by  the 
regents;  and  further  provided,  that,  on  written  request  of 
the  school  authorities,  any  dictionaries,  cyclopedias  and 
pedagogic  books  be  placed  in  the  school  library  of  the  dis- 
trict to  which  such  books  originally  belong.  ( 1049) 

The  public  may  not  be  entitled  to  use  any  library  in 
the  custody  of  the  school  authorities,  but  said  author- 
ities may  appoint  3  trustees  who  have  the  powers 
duties  and  responsibilities  of  trustees  of  public  li- 
braries incorporated  by  the  regents,  and  thereafter 
the  school  authorities  may  transfer  to  the  custody  of 
said  trustees  for  the  purposes  of  a  circulating  library 
any  of  their  library  property.  (1048,  1050) 

The  commissioner  of  education  is  authorized  to 
withhold  its  share  of  public  school  moneys  from  any 
city  or  district  which  uses  school  library  moneys  for 
any  other  purpose  than  that  for  which  they  are  pro- 
vided, or  for  any  wilful  neglect  or  disobedience  of  the 
law  or  the  rules  or  orders  of  said  commissioner  in  the 
premises.  (1051) 

11.  To  vote  a  tax  to  supply  a  deficiency  in    any 
former  tax  arising  from  such  tax  being,  in  whole  or  in 
part,  uncollectable.     (96) 

12.  To  authorize  the  trustees  to  cause  the  school- 
houses,  and  their  furniture,  appurtenances  and  school 
apparatus  to  be  insured.     (96) 


36  The  District  Meeting  [Part  I 

This  must  be  in  some  insurance  company  created  by  or 
under  the  laws  of  this  state,  or  some  other  insurance  com- 
pany authorized  by  law  to  transact  business  in  this  state.  (96) 

13.  To  alter,  repeal  and  modify  their  proceedings, 
from  time  to  time,  as  occasion  may  require.     (96) 

14.  To  vote  a  tax  for  the  purchase  of  a  book  for  the 
purpose  of  recording  their  proceedings.     (96) 

15.  To  vote  a  tax  to  replace  moneys  of  the  district 
lost  or  embezzled  by  district  officers;  and  to  pay  the 
reasonable  expenses  incurred  by  district  officers  in  de- 
fending suits  or  appeals  brought  against  them  for  their 
official  acts,  or  in  prosecuting  suits  or  appeals  by  di- 
rection of  the  district  against  other  parties.     (96) 

16.  To  vote  a  tax  to  pay  whatever  deficiency  there 
may  be  in  teachers'  wages  after  the  public  money  ap- 
portioned to  the  district  shall  have  been  applied  thereto. 
(96) 

If  the  inhabitants  neglect  or  refuse  to  vote  a  tax  for  this 
purpose,  or  if  they  vote  a  tax  which  proves  insufficient  to 
cover  such  deficiency,  then  the  trustees  are  authorized,  and 
it  is  their  duty,  to  raise,  by  district  tax,  any  reasonable  sum 
that  may  be  necessary  to  pay  the  balance  of  teachers'  wages 
remaining  unpaid,  the  same  as  if  such  tax  had  been  author- 
ized by  a  vote  of  the  inhabitants.  (96) 


17.  To  vote  a  tax  to  pay  and  satisfy  of  record  any 
judgments  of  a  competent  court  which  are  obtained  in 
an  action  against  the  trustees  of  the  district  for  unpaid 
teachers'  wages,  where  the  time  to  appeal  from  said  judg- 
ments has  elapsed,  or  there  is  no  intent  to  appeal  on 
part  of  such  district,  or  the  said  judgments  are  of  the 
court  of  last  resort.  (96) 


District]  Judgments  37 

If  the  inhabitants  neglect  or  refuse  to  vote  a  tax  for  this 
purpose,  or  if  they  vote  a  tax  which  proves  insufficient  to 
fully  satisfy  said  judgments,  then-  the  trustees  are  authorized 
and  it  is  their  duty  to  raise  by  district  tax  the  amount  of  said 
judgments,  or  the  deficiency  which  may  exist  in  any  tax 
voted  by  said  inhabitants  to  pay  said  judgments,  the  same  as 
if  such  tax  had  been  authorized  by  a  vote  of  the  inhabitants, 
and  the  trustees  are  authorized,  and  it  is  their  duty  forthwith, 
after  the  expiration  of  30  days  from  notice  of  any  judgments 
having  been  entered  against  the  district  or  the  trustees  thereof 
for  unpaid  teachers'  wages,  to  call  a  meeting  of  the  inhabi- 
tants of  said  district,  who  have  power,  as  aforesaid,  to  vote 
to  pay  said  judgments ;  and  in  case  they  refuse  or  neglect  to 
do  so,  the  trustees  are  authorized,  and  it  is  their  duty,  unless 
said  judgments  are  appealed  from,  to  raise  by  district  tax  the 
amount  of  said  judgments  as  hereinbefore  provided.  (96) 

It  was  held  in  the  Maryland  supreme  court,  1902,  that  when  a  child 
died  from  falling  over  a  wire  stretched  across  the  school  lot  action  will  not 
hold  against  the  trustees  for  negligence,  since  the  funds  in  their  hands  are 
for  educational  purposes  and  cannot  be  used  for  damages.  The  circuit 
court  in  Michigan,  Judge  Coolidge,  when  Ardel  Westervelt,  15  years  old, 
sued  the  Benton  Harbor  school  board  for  $10,000  for  damages  for  sitting 
in  an  unhealthful  schoolroom,  ruled  that  schools  are  not  liable  in  private 
action  for  injuries  sustained  through  the  negligence  of  school  officials. 
(49  Minn  106;  85  N  Y  185;  14  Gray  541;  122  Mass  344;  126  Mass  540; 
13  R  I  454;  25.  O  St  305;  36  O  St  37;  121  Pa  St  543;  44  la  27;  37 
L  R  A  301 ;  12  Hun  209,  reversed  by  75  N  Y  303.  See  49  N  E  A  536) 

Rebecca  Brown  broke  her  leg  through  a  defective  floor 
in  the  New  York  public  school  at  108  Mott  street,  and  in  1899 
brought  suit  for  $25,000  against  the  city.  The  suit  was 
dismissed  by  Justice  McAdam,  who  ruled  that  school  proper- 
ty was  under  the  control  of  the  board  of  education,  and 
that  neither  the  members  of  the  board  nor  their  subordinates 
are  agents  or  servants  of  the  municipality,  for  whose  negli- 
gence it  is  liable.  The  board  of  education  is  the  representa- 
tive of  the  state,  against  which  the  action  would  lie. 

Yet  it  has  been  held  in  the  Michigan  supreme  court  that 
if  a  board  erects  a  building  so  that  snow  must  slide  off  the 
roof  upon  a  neighbor's  premises  it  is  liable  for  damages. 
See  Supt's  Report,  1899,  p.  107. 


38  The  District  Meeting  [Part  I 

18.  To  enter  into  a  written  contract  with  the  trustees 
or  boards  of  education  consenting  thereto,  of  any  dis- 
trict, or  city,  whereby  all  or  part  of  the  children  of  the 
district  may  be  entitled  to  be  taught  in  the  public  schools 
of  such  city,  or  school  district  for  such  period  as  said 
authorities  may  agree  upon  not  exceeding  one  full  school 
year.  (600) 

Upon  filing  a  copy  of  such  contract,  duly  certified  by  the 
trustees  of  each  of  such  school  districts,  or  by  the  secretary 
of  the  board  of  education  of  such  city  in  the  office  of  the 
commissioner  of  education,  such  school  district,  after  such 
contract  has  been  approved  by  the  commissioner  of  education 
is  deemed  to  have  employed  a  competent  teacher  for  the  period 
of  such  contract.  (600) 

For  the  general  principle  see  Walden  vs.  Shelby,  la.  S.c., 
Apr.  12,  1901. 

The  board  of  education  of  any  city,  and  the  trustees  of 
any  school  district  so  contracting  with  any  other  school 
district,  must  report  for  the  pupils  attending  such  schools 
from  such  other  districts  to  the  commissioner  of  education 
the  same  as  though  they  were  residents  of  such  city  or  school 
district.  (601) 

Whenever  any  district  has  contracted  with  the 
school  authorities  of  any  city,  village,  or  other  school 
district  for  the  education  therein  of  the  pupils  residing 
in  such  school  district,  or  whenever  in  any  school 
district  children  of  school  age  shall  reside  so  remotely 
from  the  school-house  therein  that  they  are  practi- 
cally deprived  of  school  advantages  during  any 
portion  of  the  school  year,  the  inhabitants  thereof 
entitled  to  vote  are  authorized  to  provide,  by  tax  or 
otherwise,  for  the  conveyance  of  any  or  all  pupils 
residing  therein  to  the  schools  of  such  city,  village,  or 


District]  Text-Books  39 

district  with  which  such  contract  has  been  made,  or 
to  the  school  maintained  in  said  district.     (96) 

The  trustees  thereof  may  contract  for  such  conveyance 
when  so  authorized  in  accordance  with  such  rules  and  regu- 
lations as  they  may  establish,  and  for  the  purpose  of  defray- 
ing any  expense  incurred  in  carrying  out  the  provisions  of 
this  subdivision,  they  may  if  necessary  use  any  portion  of 
the  public  money  apportioned  to  such  district  as  a  district 
quota.  (96) 

19.  To  designate  text-books  by  a  %  vote  of  all  the 
legal  voters  present  and  voting.  (580) 

A  text-book  thus  adopted  may  not  be  superseded  within  5 
years  except  upon  a  f  vote  of  the  legal  voters  present  and 
voting,  under  a  penalty  of  note  less  than  $50  nor  more  than 
$100,  to  be  sued  for  by  any  taxpayer  of  the  school  district, 
and  recovered  before  any  justice  of  the  peace,  and  to  be  paid 
to  the  collector  for  the  benefit  of  the  district.  (580-2  ;229) 

The  common  school  district  does  not  have  power  to  fur- 
nish free  text-books ;  that  is  a  power  only  of  the  union  free 
school  district.  See  page  27. 

Whenever  a  tax  for  any  of  the  objects  hereinbefore 
specified  has  been  legally  voted  the  board  of  trustees 
or  board  of  education  must  make  out  their  tax  list, 
and  attach  their  warrant  thereto,  as  for  school  dis- 
trict taxes,  and  cause  such  taxes  or  such  instalments  to 
be  collected  at  such  times  as  they  become  due.  (126) 

No  vote  to  raise  money  may  be  rescinded,  nor  the 
amount  thereof  be  reduced  at  any  subsequent  meet- 
ing, unless  it  be  an  adjourned  meeting  or  a  meeting 
called  by  regular  and  legal  notice,  specifying  the  pro- 
posed action,  and  at  which  the  vote  upon  said  proposed 


40  The  District  Meeting  [Part  I 

reduction  or  rescinding  is  taken  by  ballot  or  by  taking 
and  recording  the  ayes  and  noes  of  the  qualified 
voters  attending  and  voting  thereat.  (126) 

It  will  be  observed  that  the  law  makes  special  provisions 
.to  encourage  liberality  on  the  part  of  tax  payers,  but  does 
not  find  it  necessary  to  restrain  their  liberality. 


CHAPTER  III 
School  District  Officers 

All  district  officers  are  elected  by  ballot.     (46,  145) 

The  trustees  must  provide  a  suitable  ballot-box.  Two 
inspectors  of  election  must  be  appointed  in  such  manner  as 
the  meeting  shall  determine,  who  receive  the  votes  cast,  and 
canvass  the  same,  and  announce  the  result  of  the  ballot  to 
the  chairman.  A  poll-list  containing  the  name  of  every 
person  whose  vote  is  received  is  kept  by  the  district  clerk,  or 
the  clerk  for  the  time  of  the  meeting.  The  ballots  must  be 
written  or  printed,  or  partly  written  and  partly  printed,  con- 
taining the  name  of  the  person  voted  for  and  designating 
the  office  for  which  each  is  voted  for.  The  chairman  must 
.declare  to  the  meeting  the  result  of  each  ballot,  as  announced 
to  him  by  the  inspectors,  and  the  persons  having  the  majori- 
ty of  votes,  respectively,  for  the  several  offices,  are  elected. 
(145) 

To  vote  that  the  secretary  cast  one  ballot  for  an  officer  is  not  compliance 
with  the  law.  (D  4395) 

Election  by  informal  ballot  is  not  election.     (D  4375) 

When  a  candidate  has  received  a  majority  of  the  votes  cast  he  is 
elected  trustee  and  the  meeting  may  not  reconsider  its  action.  (D  4371, 
4379,  4390) 

The  acts  of  officers  de  facto  are  as  valid  and  effectual  where  they  concern 
the  public  or  the  rights  of  third  persons,  as  though  they  were  officers  de 
jurs.  (73  111  A  471;  53  111  A  254) 

Every  district  officer  must  be  (1)  a  resident  of  his 
district,  and  (2)  qualified  to  vote  at  its  meetings.  No 
person  is  eligible  to  hold  any  school  district  office 
who  can  not  (3)  read  and  write,  and  a  treasurer  must 
be  (4)  a  taxable  inhabitant  of  the  district.  (141) 

The  term  of  office  of  a  sole  trustee  of  a  district  is 
1  year.  The  full  term  of  a  joint  trustee  is  3  years, 

(41) 


42  School  District  Officers         [Part  I 

but  a  joint  trustee  may  be  elected  for  1  or  2  years,  as 
herein  provided.  The  term  of  office  of  all  other 
district  officers  is  1  year.  (142) 

From  one  annual  meeting  to  the  next  is  considered  a  year. 
The  term  of  all  officers  elected  at  the  first  meeting  of  a  newly 
created  district  expires  on  the  1st  Tuesday  of  August,  next 
thereafter.  (143) 

Every  district  officer  holds  his  office,  unless  removed  during 
his  term  of  office,  until  his  successors  shall  be  elected  or 
appointed.  (142) 

It  is  the  duty  of  the  district  clerk,  or  of  any  person 
who  acts  as  clerk  at  any  district  meeting,  when  any 
officer  is  elected,  forthwith  to  give  the  person  elected 
notice  thereof  in  writing;  and  such  peison  is  deemed 
to  have  accepted  the  office,  unless,  within  5  days  after 
the  service  of  such  notice,  he  files  his  written  refusal 
with  the  clerk.  The  presence  of  any  such  person  at 
the  meeting  which  elects  him  to  office,  is  deemed  a 
sufficient  notice  to  him  of  his  election.  (146,  170) 

Every  person  chosen  or  appointed  to  a  school 
district  office,  who,  being  duly  qualified  to  fill  the  same 
refuses  to  serve  therein,  forfeits  $5;  and  every  person 
so  chosen  or  appointed,  who,  not  having  refused  to 
accept  the  office,  wilfully  neglects  or  refuses  to  perform 
any  duty  thereof,  by  such  neglect  or  refusal  vacates 
his  office  and  forfeits  the  sum  of  $10.  (148) 

These  penalties  are  for  the  benefit  of  the  schools  of  the 
district.  But  the  school  commissioner  of  the  commissioner 
district  wherein  any  such  person  resides  may  accept  his 
written  resignation  of  the  office,  and  the  filing  of  such 
resignation  and  acceptance  in  the  office  of  the  district  clerk 
is  a  bar  to  the  recovery  of  either  penalty  in  this  section 
mentioned;  or  such  resignation  may  be  made  to  and  accepted 
by  a  district  meeting.  (148,170) 


District]  District  Clerk  43 

District  Clerk 

It  is  the  duty  of  the  district  clerk  (66,  p.  21): 

1.  To  record  the  proceedings  of  all  meetings  of  the 
voters  of  his  district  in  a  book  to  be  provided  for  that 
purpose  by  the  district,  and  to  enter  therein  true  copies 
of  all  reports  made  by  the  trustees  to  the  school  com- 
missioner.    (96,  p.  20,  170) 

The  records  of  the  district  clerk  are  not  conclusive  as  to 
date.     (D  3415,  4338) 

2.  To  give  notice,  in  the  manner  prescribed,  of  the 
time   and  place   of  holding   special   district   meetings 
called  by  the  trustees.     (85,  p.  16,  17,  170,  195) 

3.  To  affix  a  notice  in  writing  of  the  time  and 
place   of  any   adjourned   meeting,    when   the   meeting 
shall  have  been  adjourned  for  a  longer  time  than  one 
month,  in  at  least  5  of  the  most  public  places  of  such 
district,  at  least  5  days  before  the  time  appointed  for 
such  adjourned  meeting.     (170,  195) 

4.  To    give    the    required   notice    of  every    annual 
district  meeting.     (83,  p. 15,  170,  195) 

5.  To    give    notice    immediately    to    every    person 
elected  or  appointed  to  office  of  his  election  or  appoint- 
ment.  and  also  to  report  to  the  town  clerk  of  the  town 
in  which  the  school-house  of  his  district  is  situated, 
the  names  and  post-office  addresses  of  such   officers, 
under  a  penalty  of  $5  for  neglect  in  each  instance. 
(146,  152,  170) 

6.  To  notify  the  trustees  of  every  resignation  duly 
accepted  by  the  school  commissioner.     (148,  170) 

7.  To  keep  and  preserve  all  records,  books  and  papers 
belonging  to  his  office  and  to  deliver  the  same  to  his 
successor.     ( 170) 


44  School  District  Officers  [Part  I 

8.  To  obey  the  order  of  the  school  commissioner  as 
to  depositing  the  books,  papers  and  records  of  his  office 
in  the  town  clerk's  office  in  case  the  district  should  be 
dissolved.     (170) 

9.  To  attend  all  meetings  of  the  board  of  trustees 
when  notified,  and  keep  a  record  of  their  proceedings  in 
a  book  provided  for  that  purpose.     (170) 

10.  To    call   special    meetings    of  the   inhabitants 
whenever  all  the  trustees  of  the  district  shall  have  vacated 
their  office.     (170) 

11.  To  hold  open  for  inspection  the  records,  books 
and  papers  belonging  or  appertaining  to  his  office  by  any 
qualified  voter  of  the  district  at  all  reasonable  hours,  and 
permit  any  such  voter  to  make  copies  thereof.     (170) 

12.  To  report  to  the  supervisors  the  tax  rate  of  the 
district.     (62:1909)     See  page  62. 

The  neighborhood  clerk  must  keep  a  record  of  the 
proceedings  of  his  neighborhood,  and  of  the  reports 
of  the  trustees,  and  deliver  the  same  to  his  successor. 
(62) 

In  case  such  nieghborhood  shall  be  annexed  to  a  district 
within  this  state  its  records  must  be  filed  in  the  office  of  the 
clerk  of  such  district.  (62) 

When  a  secretary  of  a  school  board  is  paid  a  salary  he 
cannot  claim  compensation  for  extra  service  rendered  the 
district  beyond  his  duties  as  secretary.  (14  York  L  R  88) 

As  we  have  seen,  he  must  keep  the  Poll  list.      (145,  p.  A 1) 


District]  District  Collector  45 

District  Collector  (96,  p.  21) 

Within  such  time,  not  less  than  10  days,  as  the  trus- 
tees allow  him  for  the  purpose,  the  collector,  before 
receiving  the  first  warrant  for  the  collection  of  money, 
must  execute  a  bond  to  the  trustees,  with  one  or  more 
sureties,  to  be  approved  by  a  majority  of  the  trustees,  in 
such  amount  as  the  district  meeting  shall  have  fixed,  or 
if  such  meeting  shall  not  have  fixed  the  amount,  then 
in  such  amount  as  the  trustees  shall  deem  reasonable, 
conditioned  for  the  due  and  faithful  execution  of  the 
duties  of  his  office.  (172,  392) 

The  trustees,  upon  receiving  said  bond,  must,  if  they 
approve  thereof,  indorse  their  approval  thereon,  and  forth- 
with deliver  the  same  to  the  town  clerk  of  the  town  in  which 
said  collector  resides,  and  said  clerk  must  file  the  same 
in  his  office,  and  enter  in  a  book  to  be  kept  by  him  for  that 
purpose,  a  memorandum,  showing  the  date  of  said  bond,  the 
names  of  the  parties  and  sureties  thereto,  the  amount  of  the 
penalty  thereof,  and  the  date  and  time  of  filing  the  same, 
and  said  town  clerk  is  authorized  to  receive  as  a  fee  for  such 
filing  and  memorandum  the  sum  of  25  cts,  which  sum  is 
hereby  made  a  charge  against  the  school  district  interested 
in  said  bond.  (172) 

The  collector  or  treasurer  vacates  his  office  by  not 
executing  a  bond  to  the  trustees,  as  required.  (149) 

In  case  the  trustees  of  any  school  district,  other  than 
one  within  the  limits  of  any  city  or  incorporated  village , 
or  one  having  elected  a  treasurer,  deem  it  for  the  best 
interests  of  the  district  or  the  public  to  have  the  collector 
of  such  district  disburse  to  teachers  the  money  appor- 
tioned by  the  state  for  teachers'  salary,  they  may  so  direct, 
by  resolution  to  be  entered  upon  the  minutes  of  their 
proceedings.  (173) 


46  School  District  Officers        [Part  I 

Thereupon  the  said  collector,  before  receiving  any  such 
money  for  such  purpose,  must  execute  a  bond  to  the  trustees, 
with  two  or  more  sureties,  in  double  the  amount  of  the  last 
apportionment,  with  like  conditions  of  sureties,  approval 
of  trustees,  and  amount  and  like  directions  as  to  filing  as  are 
required  above  the  bond  for  the  collection  of  taxes,  and 
conditioned  also  for  the  due  and  faithful  execution  of  the 
duties  of  his  office  as  such  disbursing  agent.  (173,  280) 

For  method  of  collecting  see  pages  63-70. 

The  collector  must  keep  in  his  possession  all  moneys 
received  or  collected  by  him  (D  4441)  by  virtue  of  any 
warrant,  or  received  by  him  from  the  county  treasurer 
or  board  of  supervisors  for  taxes  returned  as  unpaid, 
or  moneys  apportioned  by  the  state  or  raised  by  direct 
taxation  for  teachers'  wages  or  library,  to  be  by  him  paid 
out  upon  the  written  order  of  majority  of  the  trustees. 
(175,  391-7) 

When  a  treasurer  has  been  elected  in  his  district,  the 
collector  must  pay  over  the  moneys  collected  by  him  by 
virtue  of  his  warrant,  to  said  treasurer  as  provided.  He 
must  report  in  writing,  at  the  annual  meeting,  all  his  collec- 
tions, receipts  and  disbursements,  and  must  report  to  the 
supervisor  on  or  before  the  1st  Tuesday  of  March  in  each 
year  the  amounts  of  school  moneys  in  his  hands  not  paid  out 
on  trustees'  orders,  and  pay  over  to  his  successor  in  office, 
when  such  successor  has  duly  qualified  and  given  bond  as 
required,  all  moneys  in  his  hands  belonging  to  the  district. 
(171,  172,  175) 

If  by  the  neglect  of  any  collector  any  moneys  are  lost  to 
any  school  district,  which  might  have  been  collected  within 
the  time  limited  in  the  warrant  delivered  to  him  for  their 
collection,  he  forfeits  to  such  district  the  amount  of  the 
moneys  thus  lost,  and  must  account  for  and  pay  over  the 
same  to  the  trustees  of  such  district,  in  the  same  manner 
as  if  they  had  been  collected.  (176) 


District]  District  Collector  47 

The  district  may  not  release  him  from  this  obligation. 
(10  Neb  293;  35  Am  R  477;  4  N  W  1001) 

For  the  recovery  of  all  forfeitures,  and  of  all  balances, 
in  the  hands  of  the  collector,  which  he  has  neglected  or 
refused  to  pay  to  his  successor,  or  to  the  treasurer  of  such 
district,  the  trustees,  in  the  name  of  their  office,  have  their 
remedy  upon  the  official  bond  of  the  collector,  or  any  action 
and  any  remedy  given  by  law;  and  they  must  apply  all  such 
moneys,  when  recovered,  in  the  same  manner  as  if  paid 
without  suit.  (177) 

The  collector  receives  for  his  services  on  all  sums  paid 
in  within  30  days  after  posting  his  notice,  1%,  and  upon 
all  sums  collected  by  him  after  the  expiration  of  the 
time  mentioned,  5% .  (398) 

In  case  a  levy  and  sale  are  necessarily  made  by  such 
collector,  he  is  entitled  to  travelling  fees,  at  the  rate  of  10  cts 
per  mile,  to  be  computed  from  the  school-house  in  the 
district.  (398.  See  401) 

He  must  deliver  to  the  county  treasurer  the  assessment 
rolls  against  the  railroads  in  the  district.  (399)  See 
pages  63-6. 

Upon  notice  that  the  tax  is  unpaid  to  the  county 
treasurer,  he  is  to  collect  the  same  by  sale.  (401) 

He  presents  report  at  annual  meeting,     (p.  17) 

When  treasurer  is  elected  he  must  pay  over  all  district 
moneys  to  him.  (171,  p.  48) 


48  School  District  Officers         [Part  I 

District  Treasurer   (96,  page  21) 

The  treasurer  of  a  school  district  is  the  custodian  of 
all  moneys  belonging  to  the  district  from  whatever  source 
derived. 

As  has  been  seen  (p.  41),  he  must  be  a  taxable  inhabitant 
of  the  district.  (141) 

It  is  the  duty  of  the  trustees  of  such  district  to  pay  to 
such  treasurer  any  and  all  moneys  that  may  come  into 
their  hands  belonging  to  such  district  derived  from  the  sales 
of  personal  or  real  property  of  the  district,  from  insurance 
policies,  from  bonds  of  the  district  issued  and  sold  by  them, 
or  from  any  other  source  whatever.  (171) 

The  collector  must  pay  over  to  such  treasurer  all 
moneys  collected  by  him  under  and  by  virtue  of  any  tax 
list  and  warrant  issued  and  delivered  to  him.  (171) 

The  treasurer  is  authorized  and  empowered  to  demand 
and  receive  from  the  supervisor  of  the  town  in  which 
such  school  district  is  situated  all  public  money  appor- 
tioned to  said  district.  See  page  372.  (171) 

It  is  the  duty  of  the  treasurer  within  10  days  after  notice 
of  his  election  to  execute  and  deliver  to  the  trustees  of  such 
district,  his  bond  in  such  sum  as  shall  have  been  fixed  by  a 
district  meeting  of  as  such  trustees  shall  require,  with  at 
least  two  sureties  to  be  approved  by  such  trustees,  conditioned 
to  faithfully  discharge  the  duties  of  his  office,  and  to  well 
and  truly  account  for  all  moneys  received  by  him,  and  to  pay 
over  any  sums  of  money  remaining  in  his  hands  to  his  suc- 
cessor in  office.  Such  bond  when  so  executed  and  approved 
in  writing  by  such  trustees  must  be  filed  with  the  district 
clerk.  (96,  p.  21,  171) 

No  moneys  may  be  paid  out  or  disbursed  by  the 
treasurer  except  upon  the  written  orders  of  a  sole 
trustee,  or  a  majority  of  the  trustees.  (171) 


District] 


District  Treasurer 


49 


The  treasurer  must,  whenever  required  by  such  trustees, 
report  to  them  a  detailed  statement  of  the  moneys  received 
by  him,  and  his  disbursements,  and  at  the  annual  meeting 
of  such  district  he  must  render  a  full  account  of  all  moneys 
received  by  him  and  from  what  source,  and  when  received, 
and  all  disbursements  made  by  him  and  to  whom  and  the 
dates  of  such  disbursements  respectively,  and  the  balance 
of  moneys  remaining  in  his  hands.  (171) 

District  Trustees 

The  district  trustees  are  the  executive  officers  of 
the  district,  and  their  duties  are  so  broad  that  several 
chapters  are  necessary  to  explain  them.  They  are  ar- 
ranged as  follows: 

IV.  School  Taxes,  p.     51 

V.  Building  Schoolhouses,  Hiring  Teachers,    p.     71 

VI.  Qualified   Teachers,  p.     82 

VII.  Duration  of  Contract,  p.  100 

VIII.  Teachers  Wages,  p.  114 

IX.  Conditions  of  Contract,  p.  119 

X.  Dismissing  Teachers,  p.  123 

XI.  Relations  to  Teachers,  p.  148 

XII.  Extent  of  Authority,  p.  157 

XIII.  Rules  and  Regulations,  p.  165 

XIV.  Hours  of  School,  p.  170 
XV.  School  Attendance,  p.  172 

XVI.  The  Compulsory  Law,  p.  185 

XVII.  The  Course  of  Study,  p.  199 

XVIII.  Religious   Instruction,  p.  214 

XIX.  Corporal  Punishment,  p.  221 

XX.  Suspension  and  Expulsion,  p.  242 

XXI.  School    Moneys  p.  263 

XXII.  Miscellaneous  p.  276 

The  neighborhood  trustee  must,  between  July  25 
and  Aug.  1  in  every  year,  make  his  annual  report  to 


50  School  District  Officers   ]     [Part  I 

the  school  commissioner,  and  file  it  in  the  office  of  the 
clerk  of  the  town  of  which  the  neighborhood  is  a 
part.  (62) 

Such  report  must  specify  the  whole  amount  of  public 
moneys  received  buring  the  year  and  from  what  public 
officer,  and  the  manner  in  which  it  was  expended;  the  whole 
number  of  such  children  as  can  be  included  in  the  district 
trustees'  report  residing  in  the  neighborhood  on  June  30; 
and  any  other  matters  which  the  commissioner  of  education 
may  require.  (62) 


CHAPTER  IV 
Trustees:  School  Taxes 

On  the  1st  Tuesday  of  August  next  after  the 
erection  of  a  district,  at  its  first  annual  meeting,  the 
electors  determine,  by  resolution,  whether  the  district 
shall  have  1  or  3  trustees;  and  if  they  resolve  to  have 
3  trustees,  elect  the  three  for  1,  2,  and  3  years  respect- 
ively, and  designate  by  their  votes  for  which  term 
each  is  elected.  Thereafter  in  such  district,  1  trustee 
is  elected  at  each  annual  meeting  to  fill  the  office  of 
the  outgoing  trustee.  (96,  p.  21,  144) 

The  electors  of  any  district  having  3  trustees  have  power 
to  decide  by  resolution,  at  any  annual  meeting,  whether  the 
district  shall  have  a  sole  trustee  or  3  trustees,  and  if  they 
resolve  to  have  a  sole  trustee,  the  trustees  in  office  continue 
in  office  until  their  terms  of  office  expire,  and  no  election  of 
a  trustee  is  had  in  the  district  until  the  offices  of  such  trustees 
become  vacant  by  the  expiration  of  their  terms  of  office  or 
otherwise,  and  thereafter  but  1  trustee  is  elected  for  said 
district.  (144) 

The  electors  of  a  district  having  but  1  trustee  may  deter- 
mine at  an  annual  meeting,  by  a  two-thirds  vote  of  the  legal 
voters  present  thereat,  to  have  3  trustees;  and  upon  the 
adoption  of  a  resolution  to  that  effect,  proceed  to  elect  3 
trustees  or  such  number  as  may  be  necessary  to  form  a  board 
of  trustees;  and  thereafter  in  such  district,  1  trustee  is 
elected  for  3  years,  at  each  annual  meeting,  to  fill  the  office 
of  the  outgoing  trustee.  (144.  Compare  221.) 

A  trustee  or  a  member  of  a  board  of  education  vacates 
his  office  by  the  acceptance  of  the  office  of  either  school 
commissioner  or  supervisor.  (140,  149) 

(51) 


52  School  Trustees  [Part  I 

No  school  commissioner  or  supervisor  is  eligible  to  the 
office  of  trustee  or  member  of  a  board  of  education  (140) 

No  trustee  may  hold  the  office  of  district  clerk,  collector, 
treasurer,  or  librarian.  (140;  304) 

Not  more  than  one  member  of  a  family  may  be  a  member 
of  the  same  board  of  education  in  any  school  district.  (140) 

Questionable  eligibility  must  be  referred  for  decision  to  the 
commissioner  of  education.  (D  4455) 

A  trustee  who  publicly  declares  that  he  will  not 
accept  or  serve  in  the  office  of  trustee,  or  who  refuses 
or  neglects  to  attend  3  successive  meetings  of  the 
board,  of  which  he  is  duly  notified,  without  rendering 
a  good  and  valid  excuse  therefor  to  the  other  trustees, 
or  trustee  where  there  are  but  two,  vacates  his  office 
by  refusal  to  serve.  (147) 

A  trustee  vacates  his  office  by  removal  from  the 
district,  since  the  law  requires  that  he  be  a  resident; 
but  not  if  he  removes  to  or  near  the  district  line. 
(107  S  W  329) 

A  trustee  or  any  other  school  officer  may  be  removed 
by  the  commissioner  of  education  for  wilful  violation 
or  neglect  of  duty,  or  wilfully  disobeying  any  decision 
order  or  regulation  of  the  commissioner  of  education. 
(338,  229) 

A  trustee  may  not  be  removed  for  immorality  or  for  failure 
to  agree  with  his  associates,  (760,  761),  or  for  unintentional 
failure  to  comply  with  the  law.  (D  4380) 

In  case  the  office  of  a  trustee  is  vacated  by  his 
death,  refusal  to  serve,  incapacity,  removal  from  the 
district,  or  by  his  being  removed  from  the  office,  or 


District]        Election  and  Removal  53 

any  other  manner,  the  first  act  of  the  board  of 
trustees,  if  there  are  three,  must  be  to  call  a  special 
meeting  of  the  district  so  supply  such  vacancy.  If 
the  vacancy  is  not  supplied  by  a  district  meeting  with- 
in 1  month  thereafter,  the  school  commissioner  of  the 
commissioner  district,  within  which  the  school-house 
or  principal  school-house  of  the  district  is  situated, 
may,  by  a  writing,  under  his  hand,  appoint  a  compe- 
tent person  to  fill  it  (150,  194) 

If  such  vacancy  is  supplied  by  a  district  meeting,  it  is 
for  the  balance  of  the  unexpired  term ;  but  when  such  vacan- 
cy is  supplied  by  appointment  by  a  school  commissioner  it 
is  only  until  the  next  annual  meeting  of  the  district.  (150, 
152,  170,  229) 

Every  appointment  to  fill  a  vacancy  must  be 
forthwith  filed,  by  the  school  commissioner  or  trustees 
making  it,  in  the  office  of  the  district  clerk,  who  must 
immediately  give  notice  of  the  appointment  to  the 
person  appointed.  (150,  152,  170)  Seepage  43. 

The  trustees  of  every  school  district,  whether 
there  is  one  or  more,  as  hereinbefore  provided,  con- 
stitute a  board  for  each  of  said  districts  respectively, 
and  said  boards  are  bodies  corporate.  (190.  Com- 
pare 220,  49  N  E  536) 

All  property  now  vested  in  or  hereafter  transferred 
to  the  trustees  of  a  district  for  the  use  of  schools  in 
the  district,  is  held  by  them  as  a  corporation.  (191) 

A  board  consisting  of  a  sole  trustee  of  the  district 
has  all  the  powers,  and  is  subject  to  all  the  duties, 


54  School  Trustees  [Part  I 

liabilities,  and  penalties  conferred  and  imposed  by 
law  upon  or  against  a  board  of  3  trustees  or  any 
trustees,  or  the  majority  of  the  trustees  of  said 
board  having  3  trustees  of  a  district.  (192) 

The  trustees  of  a  district  compose  a  board,  and  every 
power  committeed  to  said  trustees  by  this  chapter  must  be 
exercised  by  the  board.  (193) 

The  board  must  meet  for  the  transaction  of  business  in 
accordance  with  notice  of  time  and  place.  (193) 

In  a  board  composed  of  3  trustees,  when  2  only  meet  to 
deliberate  upon  any  matter,  and  the  3rd,  if  notified,  does 
not  attend,  or  the  3  meet  and  deliberate  thereon,  the  conclu- 
sion of  2  upon  the  matter,  and  their  order,  act  or  proceeding 
in  relation  thereto,  is  as  valid  as  though  it  were  the  conclusion, 
order,  act  or  proceeding  of  the  3;  and  a  recital  of  the  2  in 
their  minute  of  the  conclusion, act  or  proceeding,  or  in  their 
order,  act  or  proceeding  of  the  fact  of  such  notice,  or  of  such 
meeting  and  deliberation,  is  conclusive  evidence  thereof. 
(193) 

A  meeting  of  the  board  may  be  ordered  by  any  member 
thereof,  by  giving  not  less  than  24  hours'  notice  of  the  same. 
(193) 

The  acts  of  a  majority  are  illegal  when  performed  without  notifying  or 
consulting  all  three.  (Sup't  Morgan,  Nov.  16,  1848;  4  Neb  254;  13  Neb 
70;  23  Neb  184;  12  N  W  829;  36  N  W  554;  54  Pac  185) 

While  there  is  one  vacancy  in  the  office  of  trustee,  the 
2  trustees  have  all  the  powers  and  are  subject  to  all  the 
duties  and  liabilities  of  the  3.  While  there  are  2  such  vacan- 
cies, the  trustee  in  office  has  all  the  powers  and  is  subject  to 
all  the  duties  and  liabilities  of  the  3,  as  though  he  were  a 
sole  trustee.  (194) 

But  the  first  act  of  the  board  must  be  to  call  a  special 
meeting  to  fill  vacancies  that  exist.     (150)     See  page  53. 
For  further  discussion  of  method  of  action  see  pages  74-6. 


District]  School  Taxes  55 

It  is  the  duty  of  the  trustees  of  every  school  dis- 
trict, and  they  have  power: 

Trustees  can  exercise  only  the  powers  conferred  by  statute ; 
and  if  they  exceed  these  powers  are  responsible  for  losses 
that  ensue.  (72  111  508;  82  111.132) 

1.  To  call  special  meetings  of  the  inhabitants  of 
such   districts  whenever   they   deem  it   necessary   and 
proper.     (195.     See  86,  88) 

2.  To  give  notice  of  special,  annual  and  adjourned 
meetings,  if  there  be  no  clerk  of  the  district,  or  he  be 
absent  or  incapable  of  acting,  or  refuses  to  act.      (195. 
See  85  ;D  4445,  4497) 

3.  To  make  out  a  tax-list  of  every  district  tax  voted 
by  any  such  meeting,  or  authorized  by  law,  containing 
the  names  of  all  the  taxable  inhabitants  residing  in  the 
district  at  the  time  of  making  out  the  list,  and  the  amount 
of  tax  payable  by  each  inhabitant,  set  opposite  to  his 
name.     (195.     See   380-411) 

They  must  do  this  within  30  days  after  the  tax  is 
voted.  But  they  may  at  the  same  time  assess  two  or 
more  taxes  so  voted,  and  any  taxes  they  are  authorized 
to  raise  without  such  vote,  and  make  out  one  tax-list 
and  one  warrant  for  the  collection  of  the  whole. 
(380) 

They  must  prefix  to  their  tax-list  a  heading  showing  for 
what  purpose  the  different  items  of  the  tax  are  levied.  (380) 

School  district  taxes  must  be  apportioned  by  the 
trustees  upon  all  real  estate  within  the  boundaries  of 
the  district,  which  is  not  by  law  exempt  from  taxation, 


56         School  Trustees :  School  Taxes    [Parti 

and  such  property  must  be  assessed  to  the  person  or 
corporation  owning  or  possessing  the  same  at  the 
time  such  tax-list  shall  be  made  out.  (381) 

Unoccupied  real  estate  must  as  assessed  as  nonresident,  and 
a  description  thereof  must  be  entered  in  the  tax-list.  (381) 

The  trustees  must  also  apportion  the  district  taxes  upon  all 
persons  residing  in  the  district,  and  upon  all  corporations 
liable  to  taxation  therein,  for  the  personal  estate  owned  by 
them  and  liable  to  taxation.  (381) 

The  valuations  of  taxable  property  must  be  as- 
certained, so  far  as  possible,  from  the  last  assessment- 
roll  of  the  town,  after  revision  by  the  assessors; 
and  no  person  is  entitled  to  any  reduction  in  the 
valuation  of  such  property,  as  so  ascertained,  unless 
he  gives  notice  of  his  claim  to  such  reduction  in  writ- 
ing to  the  trustees  of  the  district  before  the  tax-list 
shall  be  made  out.  (382) 

Where  such  reduction  is  duly  claimed  and  where  the  valua- 
tion of  taxable  property  can  not  be  ascertained  from  the  last 
assessment-roll  of  the  town,  or  where  a  lot  partly  in  two  or 
more  school  districts  is  assessed  as  one  lot  on  the  last  assess- 
ment-roll of  the  town,  or  where  the  valuation  of  such  prop- 
erty has  increased  or  diminished,  since  the  last  assessment- 
roll  of  the  town,  or  an  error,  mistake  or  omission  on  the  part 
of  the  town  assessors  has  been  made  in  the  description  or 
valuation  of  taxable  property,  the  trustees  must  ascertain 
the  true  value  of  the  property  to  be  taxed  from  the  best 
evidence  in  their  power,  giving  notice  to  the  persons  interest- 
ed, and  proceeding  in  the  same  manner  as  the  town  assessors 
are  required  by  law  to  proceed  in  the  valuation  of  taxable 
property,  the  hearing  of  grievances,  the  duty  of  the  super- 
visors of  such  towns  so  in  part  embraced  and  the  revision 
of  the  town  assessment-roll.  (383) 

A  person,  who,  in  making  any  statement,  oral  or  written, 
which  is  required  or  authorized  by  law  to  be  made  as  the 


District]  Assessment  57 

basis  of  imposing  any  tax  or  assessment,  or  of  an  application 
to  reduce  any  tax  or  assessment,  wilfully  makes,  as  to  any 
material  matter,  any  statement  which  he  knows  to  be  false, 
is  guilty  of  a  misdemeanor.  (88 :  1909,  2321) 

When  a  district  embraces  parts  of  more  than  one  town,  it 
is  the  duty  of  the  supervisors  upon  receiving  a  written  notice 
from  the  trustees  of  such  district,  or  from  three  or  more  per- 
sons liable  to  pay  taxes  upon  real  estate  therein,  to  meet  at 
a  time  and  place  to  be  named  in  such  notice,  which  time  shall 
not  be  less  than  5  or  more  than  10  days  from  the  service  there- 
of, and  a  place  within  the  bounds  of  the  towns  so  in  part 
embraces,  and  proceed  to  inquire  and  determine  whether  the 
valuation  of  real  property  upon  the  several  assessment-rolls 
of  said  towns  is  substantially  just,  as  compared  with  each 
other,  so  far  as  said  districts  are  concerned,  and  if  ascertained 
not  to  be  so,  to  determine  the  relative  proportion  of  taxes 
that  ought  to  be  assessed  upon  the  real  property  of  the  parts 
of  such  district  lying  in  different  towns.  (384) 

The  trustees  of  such  district  thereupon  assess  the  proportion  of  any 
tax  thereafter  to  be  raised,  according  to  the  determination  of  such  super- 
visors, until  new  assessment-rolls  of  the  town  are  perfected  and  filed,  using 
the  assessment-rolls  of  the  several  towns  to  distribute  the  said  proportion 
among  the  persons  liable  to  be  assessed  for  the  same.  In  cases  when  such 
supervisors  are  unable  to  agree,  they  must  summon  a  supervisor  from  some 
adjoining  town,  who  unites  in  such  inquiry,  and  the  finding  of  a  majority 
is  the  determination  of  such  meeting.  Such  supervisors  receive  for  their 
services  $3  for  each  day  actually  employed,  to  be  a  town  charge  upon  their 
respective  towns.  (384) 

When  any  real  estate  within  a  district  so  liable  to  taxation 
is  not  occupied  and  improved  by  the  owner,  his  servant  or 
agent,  and  not  possessed  by  any  tenant,  the  trustees  of  any 
district,  at  the  time  of  making  out  any  tax-list  by  which  any 
tax  is  imposed  thereon,  must  insert  in  such  tax-list  a  state- 
ment and  description  of  every  such  lot,  piece  or  parcel  of 
land  so  owned  by  nonresidents  therein,  in  the  same  manner 
as  required  by  law  from  town-assessors  in  making  out  the 
assessment-roll  of  their  towns.  (385) 

If  any  such  lot  is  known  to^belong  to  an  incorporated  company  liable 
to  taxation  in  such  district,  the  name  of^such^company  must  be  specified. 


58  Trustees :  School  Taxes  [Part  I 

and  the  value  of  such  lot  or  piece  of  land  set  down  opposite  to  such  discrip- 
tion,  which  value  must  be  the  same  that  was  affixed  to  such  lot  or  piece  of 
land  in  the  last  assessment-roll  of  the  town;  and  if  the  same  was  not 
separately  valued  in  such  roll,  then  it  must  be  valued  in  proportion  to  the 
valuation  which  was  affixed  in  the  said  assessment-roll  to  the  whole  tract 
of  which  such  lot  or  piece  shall  be  part.  (385) 

Special  provisions  are  made  as  to  taxation   in  Dannemora,  in  Wawar- 
sing,  and  of  state  lands  in  Rockland  county.     (336,  7,  7a) 

Any  person  working  land  under  a  contract  for  a  share  of 
the  produce  of  such  land,  is  deemed  the  possessor,  so  far  as 
to  render  him  liable  to  taxation  therefor,  in  the  district  where 
such  land  is  situate,  and  any  person  in  possession  of  real 
property  under  a  contract  for  the  purchase  thereof  is  liable 
to  taxation  therefor  in  the  district  where  such  real  property 
is  situate.  (388) 

Every  person  owning  or  holding  any  real  property  within 
any  school  district,  who  improves  and  occupies  the  same  by 
his  agent  or  servant,  is,  in  respect  to  the  liability  of  such 
property  to  taxation,  considered  a  taxable  inhabitant  of  such 
district,  in  the  same  manner  as  if  he  actually  resided  therein. 
(389) 

Every  taxable  inhabitant  of  a  district  who  has  been,  with- 
in 4  years,  set  off  from  any  other  district,  without  his  consent, 
and  has  within  that  period  actually  paid  in  such  other  district, 
under  a  lawful  assessment  therein,  a  district  tax  for  building 
a  school-house,  must  be  exempted  by  the  trustees  of  the 
district  where  he  shall  reside,  from  the  payment  of  any  tax 
for  building  a  school-house  therein.  (390) 

Where  any  district-tax,  for  the  purpose  of  purchasing  a 
site  for  a  school-house,  or  for  purchasing  or  building,  keeping 
in  repair,  or  furnishing  such  school-house  with  necessary  fuel 
and  appurtenances,  is  lawfully  assessed,  and  paid  by  any 
person  on  account  of  any  real  property  whereof  he  is  only  a 
tenant  at  will,  or  for  3  years,  or  for  a  less  period  of  time,  such 
tenant  may  charge  the  owner  of  such  real  estate  with  the 
amount  of  the  tax  so  paid  by  him,  unless  some  agreement  to 
the  contrary  has  been  made  by  such  tenant.  (391) 


District]    Exemptions  from  Taxation  59 

The  following  property  is  exempt  from  taxation: 

a.  Property  of  the  United  States      (62:1909) 

b.  Property  of  the  state  of  New  York  other  than  its  wild 
or  forest  lands  in  the  forest  preserve,  which,  with  such  lands 
owned  by  the  state  in  the  towns  of  Altona  and  Dannemora, 
county  of  Clinton,  except  the  lands  in  the  town  of  Dannemo- 
ra upon  which  buildings  and  inclosures  are  erected  and  main- 
tained by  the  state  for  the  use  of  state  institutions,  together 
with  said  buildings  thereon,  is  to  be  assessed  and  taxed  at  a 
like  valuation  and  rate  as  similar  lands  of  individuals  within 
the  counties  where  situated.     (62:1909.     See  also  Sec.  34 
of  the  forest,  fish,  and  game  laws.) 

No  tax  for  the  erection  of  a  school-house  or  opening  of  a  road  may 
be  imposed  on  the  state  lands  unless  such  erection  or  opening  shall  have 
first  been  approved  in  writing  by  the  forest,  fish  and  game  commission. 
(62:1909) 

The  treasurer  of  the  state,  upon  the  certificate  of  the  comptroller 
as  to  the  correct  amount  of  such  tax,  pays  the  tax  levied  upon  state  lands 
in  the  forest  preserve,  by  crediting  to  the  treasurer  of  the  county  in  which 
such  lands  may  be  situated,  such  taxes,  upon  the  amount  payable  by  such 
county  treasurer  to  the  state  for  state  tax.  No  fees  are  allowed  by  the 
comptroller  to  the  county  treasurer  for  such  portion  of  the  state  tax  as  is 
so  paid.  (62:1909) 

c.  Property  of  a  municipal  corporation  of  the  state  held 
for  a  public  use,  including  real  property  held  or  used  for 
cemetery  purposes,  and  all  lots  and  plats  therein  conveyed  by 
the  municipal  corporation  as  places  for  the  burial  ot  the  dead, 
except  the  portion  of  municipal  property  not  within  the 
corporation.      (62:1909) 

d.  All  property  exempt  by  law  from  execution,  other  than 
an  exempt  homestead.     (62 : 1909) 

Peal  property  purchased  with  the  proceeds  of  a  pension  granted  by 
the  United  States  for  military  or  naval  services,  and  owned  and  occupied 
by  the  pensioner,  or  by  his  wife  or  widow,  is  subject  to  taxation  as  herein 
provided.  Such  propeity  is  to  be  assessed  in  the  same  manner  as  other 
real  property  in  the  tax  districts.  At  the  meeting  of  the  assessors  to  hear 
the  complaints  concerning  assessments,  a  verified  application  for  the 
exemption  of  such  real  propertv  from  taxation  may  be  presented  to  them 
by  or  on  behalf  of  the  owner  thereof,  which  application  must  show  the 


60  Trustees :  School  Taxes         [Part  I 

acts  on  which  the  exemption  is  claimed,  including  the  amount  of  pension 
money  used  in  or  towards  the  purchase  of  such  property.  If  the  assessors 
are  satisfied  that  the  applicant  is  entitled  to  the  exemption,  and  that  the 
amount  of  pension  money  used  in  the  purchase  of  such  property  equals 
or  exceeds  the  assessed  valuation  thereof,  they  enter  the  word  "exempt" 
upon  the  assessment-roll  opposite  the  description  of  such  property.  If  the 
amount  of  such  pension  money  used  in  the  purchase  of  the  property  is 
less  than  the  assessed  valuation,  they  enter  upon  the  assessment-roll  the 

words  "exempt  to  the  extent  of dollars"    (naming   the  amount)  and 

thereupon  such  real  property,  to  the  extent  of  the  exemption  entered  by 
the  assessors  is  exempt  from  state,  county  and  general  municipal  taxation, 
but  taxable  for  local  school  purposes,  and  for  the  construction  and  main- 
tenance of  streets  and  highways.  If  no  application  for  exemption  is 
granted,  the  property  is  subject  to  taxation  for  all  purposes.  The  entries 
above  required  must  be  made  and  continued  in  each  assessment  of  the 
property  so  long  as  it  is  exempt  from  taxation  for  any  purpose.  (62:1909.) 
See  also  Sec.  1393  of  the  Code  of  Civil  Procedure. 

e.  The  real  property  of  a  corporation  or  association 
organized  exclusively  for  the  moral  or  mental  improvement 
of  men  or  women,  or  for  religious,  Bible,  tract,  charitable, 
benevolent,  missionary,  hospital,  infirmary,  educational, 
scientific,  literary,  library,  patriotic,  historical  or  cemetery 
purposes,  or  for  the  enforcement  of  laws  relating  to  children 
or  animals,  or  for  two  or  more  such  purposes  and  used  ex- 
clusively for  carrying  out  thereupon  one  or  more  of  such 
purposes,  and  the  personal  property  of  any  such  corporation. 
(62:1909) 

/.  Real  property  of  an  incorporated  association  of  pres- 
ent or  former  volunteer  firemen  actually  and  exclusively  used 
and  occupied  by  such  corporation  and  not  exceeding  in  value 
$15,000.  (62:1909) 

%.  All  dwelling-houses  and  lots  of  religious  corporations 
while  actually  used  by  the  officiating  clergymen  thereof,  but 
the  total  amount  of  such  exemption  to  any  one  religious 
corporation  must  not  exceed  $2,000.  Such  exemption  is  in 
addition  to  that  provided  by  subdivision  of  above.  (62 : 1909) 

h.  The  real  property  of  an  agricultural  society  permanent- 
ly used  by  it  for  exhibition  grounds.  (62 : 1909) 


District]  Bank  Taxation  61 

i.  The  real  property  of  a  minister  of  the  gospel  or  priest 
who  is  regularly  engaged  in  performing  his  duties  as  such,  or 
permanently  disabled  by  impaired  health  from  the  perform- 
ance of  such  duties,  or  over  75  years  of  age,  and  the  personal 
property  of  such  minister  or  priest,  but  the  total  amount  of 
such  exemption  on  account  of  both  real  and  personal  proper- 
ty must  not  exceed  $1,500.  (62:1909) 

The  stockholders  of  every  bank  or  banking  associa- 
tion organized  under  the  authority  of  this  state,  or 
of  the  United  States,  must  be  assessed  and  taxed  on 
the  value  of  their  shares  of  stock  therein;  said 
shares  to  be  included  in  the  valuation  of  the  personal 
property  of  such  stockholders  in  the  assessment  of 
taxes  in  the  tax  district  where  such  bank  or  banking 
association  is  located,  and  not  elsewhere,  whether 
the  said  stockholders  reside  in  said  tax  district  or  not. 
(62:1909) 

Every  individual  banker  is  taxable  upon  the  amount  of 
capital  invested  in  his  banking  business  in  the  tax  district 
where  the  place  of  such  business  is  located  and  is,  for  that 
purpose,  deemed  a  resident  of  such  tax  district.  (62:1909) 

See  the  statute  for  limitations  upon  this  exemption. 

The  chief  fiscal  officer  of  every  bank  or  banking  association  organized 
under  the  authority  of  this  state,  or  of  the  United  States,  must,  on  or  before 
July  1,  in  each  year,  furnish  the  assessors  of  the  tax  district  in  which  its 
principal  office  is  located  a  statement  under  oath  of  the  condition  of  such 
bank  or  banking  association  on  June  1  preceding,  stating  the  amount  of  its 
authorized  capital  stock,  the  number  of  shares  and  the  par  value  of  the 
shares  thereof,  the  amount  of  stock  paid  in.  the  amount  of  its  surplus  and  of 
its  undivided  profits,  if  any,  a  complete  list  of  the  names  and  residences  of 
its  stockholders  and  the  number  of  shares  held  by  each.  (62:1909) 

The  rate  of  tax  upon  the  shares  of  stock  of  banks  and 
banking  associations  is  1%  upon  the  value  thereof,  as  ascer- 
tained and  fixed  in  the  manner  hereinbefore  provided,  and 
the  owners  of  the  stock  of  banks  and  banking  associations 
are  entitled  to  no  deduction  from  the  taxable  value  of  their 


62  Trustees :  School  Taxes         [Part  I 

shares  because  of  the  personal  indebtedness  of  such  owners, 
or  for  any  other  reason  whatsoever.  The  said  tax  is  in  lieu 
of  all  other  taxes  whatsoever  for  state,  county,  or  local 
purposes.  (62:1909) 

The  board  of  supervisors  of  the  several  counties  must 
ascertain  the  tax  rate  of  each  of  the  several  town,  city, 
village,  school,  and  other  tax  districts  in  their  counties,  re- 
spectively, in  which  the  shares  of  stock  of  banks  and  bank- 
ing associations  are  taxable,  which  tax  rates  include  the 
proportion  of  state  and  county  taxes  levied  in  such  districts 
respectively,  for  the  year  for  which  the  tax  is  imposed,  and 
the  proportion  of  the  tax  on  bank-stock  to  which  each  of 
said  districts  is  respectively  entitled  is  ascertained  by  taking 
such  proportion  of  the  tax  upon  the  shares  of  stock  of  banks 
and  banking  associations,  taxable  in  such  districts,  respective- 
ly, under  the  provisions  of  this  chapter  as  the  tax  rate  of 
such  tax  district  bears  to  the  aggregate  tax  rates  of  all  the 
tax  districts  in  which  said  shares  of  stock  shall  be  taxable. 
(62:1909) 

The  clerks  of  the  several  school  districts  to  which  any  portion  of  the  tax 
on  shares  of  stock  of  banks  and  banking  associations  is  to  be  distributed 
under  this  section  must,  in  writing  and  under  oath,  annually  report  to  the 
board  of  supervisors  of  their  respective  counties,  during  the  first  week  of 
the  annual  session  of  such  board,  the  tax  rate  of  such  school  district  for  the 
year  prior  to  the  meeting  of  each  such  board.  The  said  board  of  supervisors 
must  issue  their  warrant  or  order  to  the  county  treasurer  on  or  before  Dec.  15, 
setting  forth  the  number  of  shares  of  bank  stock  taxable  in  each  school  dis- 
trict, the  tax  rate  of  each  of  said  school  districts  for  said  year,  the  proportion 
of  the  tax  imposed  by  this  chapter  to  which  each  of  said  school  districts 
is  entitled,  under  the  provisions  hereof,  and  commanding  him  to  collect  same, 
and  to  pay  to  the  proper  officer  in  each  of  such  districts  the  proportion  of 
such  tax  to  which  it  is  entitled  under  the  provisions  of  this  chapter.  (62: 
1909) 

The  said  county  treasurer  shall  be  entitled  to  a  commission  of  1  %  for  col- 
lecting and  paying  out  said  moneys,  which  commission  shall  be  deducted  from 
the  gross  amount  of  said  tax  before  the  same  is  distributed.  (62:1909) 

Every  individual  banker  must  report  before  June  15  under 
oath  to  the  assessors  of  the  tax  district  in  which  any  of  the 
capital  invested  in  such  banking  business  is  taxable,  the 
amount  of  capital  invested  in  such  banking  business  in  sueh 


District]  Railroad  Taxation  63 

tax  district  on  June  1  preceding.  Such  capital  is  to  be  assessed 
ed  as  personal  property  to  the  banker  in  whose  name  such 
business  is  carried  on.  (62:1909) 

The  assessors  of  each  town  in  which  a  railroad, 
telephone  or  pipe  line  company  is  assessed  upon 
property  lying  in  more  than  one  school  district  there- 
in, must,  within  15  days  after  the  final  completion  of 
the  roll,  apportion  the  assessed  valuation  of  the  prop- 
erty of  each  of  such  corporations  among  such  school 
districts.  Such  apportionment  must  be  signed  by 
the  assessors  or  a  majority  of  them,  and  be  filed  with 
the  town  clerk  within  5  days  thereafter,  and  thereupon 
the  valuation  so  fixed  shall  become  the  valuation  of 
such  property  in  such  school  district  for  the  purpose 
of  taxation.  (62;  1909) 

In  case  of  failure  of  the  assessors  to  act,  the  supervisor 
of  the  town  must  make  such  apportionment  on  request  of 
either  the  trustees  of  any  school  district  or  of  the  corpora- 
tion assessed.  The  town  clerk  must  turnish  the  trustees  a 
certified  statement  of  the  valuations  apportioned  to  their 
respective  districts.  In  case  of  any  alteration  in  any  school 
district  affecting  the  valuation  of  such  property,  the  officer 
making  the  same  must  fix  and  determine  the  valuations  in 
the  districts  affected  for  the  current  year.  (62:1909) 

For  the  provisions  of  an  act  providing  for  a  uniform  school  tax  in  the  sev- 
eral towns  of  St.  Lawrence  county,  see  502:1902. 

4.  To  annex  to  such  tax-list  a  warrant,  directed  to 
the  collector  of  the  district,  for  the  collection  of  the  sums 
in  such  list  mentioned.  (195.  See  pages  45-7) 

This  warrant  must  be  under  the  hands  of  the  trus- 
tees, or  a  majority  of  them,  with  or  without  their 
seals;  and  it  has  the  like  force  and  effect  as  a  warrant 


64  Trustees :  School  Taxes        [Part  I 

issued  by  a  board  of  supervisors  to  a  collector  of 
taxes  in  the  town.     (171,  392) 

The  collector  to  whom  it  may  be  delivered  for  collection 
is  authorized  and  required  to  collect  from  every  person  in 
such  tax-list  named  the  sum  set  opposite  to  his  name,  or  the 
amount  due  from  any  person  specified  therein,  in  the  same 
manner  that  collectors  are  authorized  to  collect  town  and 
county  taxes.  (171,  392) 

A  warrant  for  the  collection  of  a  tax  voted  by  the 
district  must  not  be  delivered  to  the  collector  until 
the  31st  day  after  the  tax  was  voted.  A  warrant  for 
the  collection  of  any  tax  not  so  voted  may  be  delivered 
to  the  collector  whenever  the  same  is  completed. 
(393) 

Any  collector  to  whom  any  tax-list  and  warrant  may  be 
delivered  for  collection  may  execute  the  same  in  any  other 
district  or  town  in  the  same  county,  or  in  any  other  county 
where  the  district  is  a  joint  district  and  composed  of  terri- 
tory from  adjoining  counties,  in  the  same  manner  and  with 
the  like  authority  as  in  the  district  in  which  the  trustees 
issuing  the  said  warrant  may  reside,  and  for  the  benefit  of 
which  said  tax  is  intended  to  be  collected;  and  the  bond  or 
sureties  of  any  collector,  given  for  the  faithful  performance 
of  his  official  duties,  are  liable  for  any  moneys  received  or 
collected  on  any  such  tax-list  and  warrant.  (394) 

If  the  sum  of  money,  payable  by  any  person  named  in 
such  tax-list,  is  not  paid  by  him  or  collected  by  such  warrant 
within  the  time  therein  limited,  it  is  lawful  for  the  trustees  to 
renew  such  warrant  in  respect  to  such  delinquent  person ;  and 
whenever  more  than  one  renewal  of  a  warrant  for  the  col- 
lection of  any  tax-list  may  become  necessary  in  any  district, 
the  trustees  may  make  such  further  renewal,  with  the  written 
approval  of  the  supervisor  of  any  town  in  which  a  school- 
house  of  said  district  shall  be  located,  to  be  indorsed  upon 
such  warrant.  (395) 


District]         Collection  of  Taxes  65 

Whenever  the  trustees  of  any  school  district  discover  any 
error  in  a  tax-list  made  out  by  them,  they  may,  with  the  ap- 
proval and  consent  of  the  commissioner  of  education,  after 
refunding  any  amount  that  may  have  been  improperly  col- 
lected on  such  tax-list,  if  the  same  is  required  by  him,  amend 
and  correct  such  tax-list,  as  directed  by  the  commissioner, 
in  conformity  to  law.  (396) 

The  collector,  on  the  receipt  of  a  warrant  for  the 
collection  of  taxes,  must  give  notice  to  the  tax- 
payers of  the  district  by  publicly  posting  written  or 
printed,  or  partly  written  and  partly  printed  notices 
in  at  least  3  public  places  in  such  district,  one  of 
which  shall  be  on  the  outside  of  the  front  door  of 
the  school-house,  stating  that  he  has  received  such 
warrant  and  will  receive  all  such  taxes  as  may  be 
voluntarily  paid  to  him  within  30  days  from  the  time 
of  posting  said  notice.  (397) 

The  collector  must  also  give  a  like  notice,  either 
personally  or  by  mail,  at  least  20  days  previous  to  the 
expiration  of  the  30  days  aforesaid,  to  the  ticket 
agent  at  the  nearest  station  of  any  railroad  corpora- 
tion, or  the  president,  secretary,  general  or  division 
superintendent,  or  manager  of  any  canal  or  pipe  line, 
assessed  for  taxes  upon  the  tax-list  delivered  to  him 
with  the  aforesaid  warrant.  (397) 

Except  in  the  counties  of  New  York,  Kings,  and  Cattar- 
augus,  within  5  days  after  the  receipt  by  the  collector  of 
every  tax  or  assessment  roll  of  his  district,  he  must  prepare 
and  deliver  to  the  county  treasurer  of  the  county  in  which 
such  district,  or  the  greater  part  thereof,  is  situated,  a  state- 
ment showing  the  name  of  each  railroad  company  appearing 
in  said  roll,  the  assessment  against  each  of  said  companies 
for  real  and  personal  property  respectively,  and  the  tax 


66  Trustees :  School  Taxes        [Part  I 

against  each  of  said  companies.  Such  county  treasurer 
must,  immediately  after  the  receipt  by  him  of  such  statement 
from  such  school  collector,  notify  the  ticket  agent  of  any  such 
railroad  company  assessed  for  taxes  at  the  station  nearest 
to  the  office  of  such  county  treasurer,  personally  or  by  mail, 
of  the  fact  that  such  statement  has  been  filed  with  him  by 
such  collector,  at  the  same  time  specifying  the  amount  of 
tax  to  be  paid'  by  such  railroad  company.  (399) 

Within  30  days  after  the  receipt  of  such  statement  by  such 
county  treasurer,  the  railroad  company  may  pay  the  amount 
of  tax  so  levied  or  assessed  against  it  in  such  district  and  in 
such  statement  mentioned  and  contained  with  1  %  fees  there- 
on, to  such  county  treasurer,  who  is  hereby  authorized  and 
directed  to  receive  such  amount  and  to  give  proper  receipt 
therefor.  (400) 

In  case  any  railroad  company  fails  to  pay  such  tax  within 
said  30  days,  it  is  the  duty  of  the  county  treasurer  to  notify 
the  collector  of  the  school  district  in  which  the  delinquent 
railroad  company  is  assessed,  of  its  failure  to  pay  said  tax, 
and  upon  receipt  of  such  notice  it  is  the  duty  of  the  col- 
lector to  collect  such  unpaid  tax  in  the  manner  now  provided 
by  law  together  with  5%  fees  thereon;  but  no  school  col- 
lector may  collect  by  distress  and  sale  any  tax  levied  or 
assessed  in  his  district  upon  the  property  of  any  railroad 
company  until  the  receipt  by  him  of  such  notice  from  the 
county  treasurer.  (401) 

The  several  amounts  of  tax  thus  received  by  the  county 
treasurer  must  be  by  such  county  treasurer  placed  to  the 
credit  of  the  school  district  for  or  on  account  of  which  th 
same  was  levied  or  assessed,  and  on  demand  paid  over  to  the 
school  collector  thereof,  and  the  1%  fees  received  therewith 
shall  be  placed  to  the  credit  of,  and  on  demand  paid  to,  the 
school  collector  of  such  school  district.  (402) 

The  railroad  company  may  if  it  choose  pay  its  school  tax 
to  the  school  collector  direct,  as  provided  by  law.  (403) 


District]  Unpaid  Taxes  67 

Where  the  amount  of  the  tax  is  $1  or  more  the 
collector  must  give  a  like  notice  to  all  nonresident 
taxpayers  on  said  list  whose  residence  or  post-office 
address  may  be  known  to  such  collector,  or  may  be 
ascertained  by  him  upon  inquiry  of  the  trustees  and 
clerk  of  his  district,  and  no  school  collector  is  entitled 
to  recover  from  any  railroad  corporation,  canal  com- 
pany, or  pipe  line,  or  nonresident  taxpayer  more  than 
1%  fees  on  the  taxes  assessed  against  such  corporation 
or  nonresident,  unless  such  notice  shall  have  been 
given  as  aforesaid.  (397) 

Whenever  any  sum  of  money  payable  by  any  per- 
son named  in  such  tax-list,  is  not  paid  by  such  person, 
or  collected  by  such  warrant  within  the  time  therein 
limited,  or  the  time  limited  by  any  renewal  of  such 
warrant;  or  in  case  the  property  assessed  be  real 
estate  belonging  to  an  incorporated  company,  and  no 
goods  or  chattels  can  be  found  whereon  to  levy  the 
tax,  the  trustees  may  sue  for  and  recover  the  same  in 
their  name  of  office.  (404) 

If  any  tax  on  real  estate  placed  upon  the  tax-list 
and  duly  delivered  ta  the  collector,  or  the  taxes  upon 
nonresident  stockholders  in  banking  associations 
organized  under  the  laws  of  congress,  remain  unpaid 
at  the  time  the  collector  is  required  by  law  to  return 
his  warrant,  he  must  deliver  to  the  trustees  of  the 
district  an  account  of  the  taxes  remaining  due, 
containing  a  description  lof  the  lands  upon  which 
such  taxes  were  unpaid  as  the  same  were  placed  upon 
the  tax-list,  together  with  the  amount  of  the  tax  so 
assessed,  and  upon  making  oath  before  any  justice 


68  Trustees :  School  Taxes        [Part  I 

of  the  peace  or  judge  of  a  court  of  record,  notary 
public  or  any  other  officer  authorized  to  administer 
oaths,  that  the  taxes  mentioned  in  any  such  account 
remain  unpaid,  and  that,  after  diligent  efforts,  he 
has  been  unable  to  collect  the  same,  he  must  be 
credited  by  said  trustees  with  the  amount  thereof. 
(405) 

Upon  receiving  any  such  account  from  the  col- 
lector, the  trustees  must  compare  it  with  the  original 
tax-list,  and  if  they  find  it  to  be  a  true  transcript 
they  must  add  to  such  account  their  certificate  to  the 
effect  that  they  have  compared  it  with  the  original 
tax-list  and  found  it  to  be  correct,  and  immediately 
transmit  the  account,  affidavit  and  certificate  to  the 
county  treasurer.  (406) 

Out  of  any  moneys  in  the  county  treasury,  raised 
for  contingent  expenses,  or  for  the  purpose  of  paying 
the  amount  of  the  taxes  so  returned  unpaid,  the 
treasurer  must  pay  to  the  collector  the  amount  of  the 
taxes  so  returned  as  unpaid,  with  1%  of  the  amount 
in  addition  thereto,  for  the  compensation  of  such 
collector.  (407) 

If  there  are  no  moneys  in  the  treasury  applicable  to  such 
purpose,  the  board  of  supervisors,  at  the  time  of  levying 
said  unpaid  taxes,  as  provided  in  the  next  section,  must  pay 
to  the  collector  of  the  school  district  the  amount  thereof, 
with  said  addition  thereto,  by  voucher  or  draft  on  the  county 
treasurer,  in  the  same  manner  as  other  county  charges  are 
paid,  and  the  collector  must  be  again  charged  therewith  by 
the  trustees.  (407) 

Such  account,  affidavit,  and  certificate  must  be 
laid  by  the  county  treasurer  before  the  board  of 


District]  Unpaid  Taxes  69 

supervisors  of  the  county,  who  must  cause  the  amount 
of  such  unpaid  taxes,  with  7%  of  the  amount  in 
addition  thereto,  to  be  levied  upon  the  lands  upon 
which  the  same  were  imposed;  and  if  imposed  upon 
the  lands  of  any  incorporated  company,  then  upon 
such  company;  and  when  collected  the  same  must 
be  returned  to  the  county  treasurer  to  reimburse  the 
amount  so  advanced,  with  the  expenses  of  collection. 
(408) 

Any  person  whose  lands  are  included  in  any  such 
account  may  pay  to  the  county  treasurer,  the  tax 
assessed  thereon,  with  5%  added  thereto,  at  any 
time  before  the  board  of  supervisors  have  directed 
the  same  to  be  levied. 

The  same  proceedings  in  all  respects  must  be  had  for  the 
collection  of  the  amount  so  directed  to  be  raised  by  the  board 
of  supervisors  as  are  provided  by  law  in  relation  to  the  county 
taxes;  and,  upon  a  similar  account,  as  in  the  case  of  county 
taxes  of  the  arrears  thereof  uncollected,  being  transmitted 
by  the  county  treasurer  to  the  comptroller,  the  same  must  be 
paid  on  his  warrant  to  the  treasurer  of  the  county  advancing 
the  same;  and  the  amount  so  assumed  by  the  state  must  be 
collected  for  its  benefit,  in  the  manner  prescribed  by  law  in 
respect  to  the  arrears  of  county  taxes  upon  land  of  non-resi- 
dents; or  if  any  part  of  the  amount  so  assumed  consisted  of 
a  tax  upon  any  incorporated  company,  the  same  proceedings 
may  also  be  had  for  the  collection  thereof  as  provided  by 
law  in  respect  to  the  county  taxes  assessed  upon  such  company 
(410) 

Within  15  days  after  any  tax-list  and  warrant  has 
been  returned  by  a  collector  to  the  trustees  of  any 
school  district,  the  trustees  must  deliver  the  same  to 
the  town  clerk  of  the  town  in  which  the  collector 


70  Trustees :  School  Taxes        [Part  I 

resides,  and  said  town  clerk  must  file  the  same  in  his 
office. 


CHAPTER    V 
Trustees:  Hiring  Teachers 

5.  To  purchase  or  lease  sites  for  the  district  school- 
houses,  as  designated  by  a  meeting  of  the  district]  and 
to  build,  or  purchase  such  school-houses  as  may  be  so 
designated]  and  to  hire  rooms  or  buildings  for  such 
school  purposes,  and  to  keep  in  repair  and  furnish 
such  school-houses,  rooms  or  buildings  with  necessary 
fuel,  furniture,  school  apparatus,^  heating  apparatus 
and  appurtenances,  and  to  raise  the  necessary  sum  to 
pay  the  expense  thereof  by  tax,  but  such  expense  shall 
not  exceed  $50  in  any  one  year,  unless  authorized  by 
the  district  or  by  law.  (195.  See  96,  229) 

For  condemnation  proceedings,  see  115,  p.  24. 

Trustees  are  the  only  legal  authority  by  which  the  vote  of 
a  district  can  be  carried  into  execution,  and  have  sole  power 
of  making  contracts  and  of  accepting  work  done.  (632,  74.9} 

They  may  not  discriminate  in  favor  ot  union  labor.  (59 
N  E  R  716.  Judge  Field  gave  a  similar  decision  in  Ky.) 

A  school  officer  who  is  authorized  to  sell  or  lease  any  prop- 
erty or  to  make  any  contract  in  his  official  capacity  or  to  take 
part  in  making  any  such  sale,  lease  or  contract,  who  volun- 
tarily becomes  interested  individually  in  such  sale,  lease  or 
contract,  directly  or  indirectly,  except  in  cases  where  such 
sale,  lease  or  contract,  or  payment  under  the  same,  is  subject 
to  audit  or  approval  by  the  commissioner  of  education,  is 
guilty  of  a  misdemeanor.  (88:1909.  Sec.  1868) 

They  must  provide  suitable  and  convenient  water- 
closets  or  privies  for  each  of  the  schools  under  their 

(71) 


72  School  Trustees  [Part  I 

charge,  at  least  2  in  number,  entirely  separated  each 
from  the  other,  and  having  separate  means  of  access, 
and  the  approaches  thereto  separated  by  a  substantial 
close  fence  not  less  than  7  feet  in  height.  (116) 

It  is  the  duty  of  the  trustees  aforesaid  to  keep  the  same  in  a 
clean  and  wholesome  condition,  and  a  failure  to  comply  with 
the  foregoing  provisions  of  this  section  on  the  part  of  such 
trustees,  is  sufficient  ground  for  their  removal  from  office,  and 
for  withholding  from  the  district  any  share  of  the  public 
moneys  of  the  state.  Any  expense  incurred  by  such  trustees 
in  carrying  out  the  requirements  of  this  section  is  a  charge 
upon  the  district,  when  such  expense  has  been  approved  by 
the  school  commissioner  of  the  district  within  which  the 
school  district  is  located,  and  a  tax  may  be  levied  therefor 
without  a  vote  of  the  district.  (116) 

6.  To  have  the  custody  and  safe-keeping  of  the 
district  school-houses,  their  sites  and  appurtenances. 
(195,  229  42  111  A  4-3;  194  111247) 

A  person  who,  under  circumstances  or  in  a  manner  not 
amounting  to  a  burglary, enters  a  building,  or  any  part  thereof, 
with  intent  to  commit  a  felony  or  a  larceny,  or  any  malicious 
mischief,  is  guilty  of  a  misdemeanor.  (88:1909) 

They  must  grant  the  use  of  any  school  building  under  their 
charge  for  all  examinations  and  institutes  appointed  by  the 
commissioner  of  education  upon  the  written  request  of  the 
school  commissioner  having  jurisdiction  over  the  same.  ( 1 13, 
622,  76  N  W  43) 

The  trustees,  or  any  one  of  them,  if  not  forbidden  by 
another,  may  freely  permit  the  school  house,  when  not  in  use 
for  the  district  school,  to  be  used  by  persons  assembling  there- 
in for  the  purpose  of  giving  and  receiving  instruction  in  any 
branch  of  education  or  learning  or  in  the  science  or  practice 
of  music.  (114) 


District]      Custody  of  School  Property          73 

They  must  not  allow  it  to  be  used  for  temperance 
meetings  (649),  or  for  the  Patrons  of  industry  (D 
4334),  and  should  use  discretion  in  opening  it  for 
religious  meetings;  no  use  should  be  permitted  likely 
to  occasion  controversy.  (267,  D  5084,  68  111  530, 
93  111  61,  59  L  R  A  723,  17  Pa  Co  C  R  609) 

In  Michigan  this  power  rests  with  the  district  meeting.  (76  N  W  761) 

7.  When   thereto   authorized   by   a   meeting   of  the 
district  to  insure  the  school-houses,  and  their  furniture, 
and  the  school  apparatus  in  some  company  created  by 
or  under  the  laws  of  this  state,   or  in  an  insurance 
company  authorized  by  law  to  transact  business  in  this 
state,  and  to  comply  with  the  conditions  of  the  policy, 
and  raise  the  premiums  by  a  district  tax.     (195) 

If  the  district  meeting  neglects  to  make  such  authorization 
it  is  the  duty  of  the  trustees  to  insure  such  school-houses,  and 
their  furniture  and  school  apparatus,  and  the  premiums  paid 
must  be  raised  by  district  tax.  (195;229) 

8.  To  insure  the  school  library  in  such  a  company  in 
a  sum  fixed  by  a  district  meeting  and  to  raise  the  premium 
by  a  district  tax,  and  comply  with  the  conditions  of  the 
policy.     (195.     See  96,   126,   1047) 

9.  To  contract  with  and  employ  all  teachers  in  the 
district  schools  as  are  qualified  under  the  provisions  of 
this  chapter,  and  to  designate  the  number  of  teachers  to 
be  employed;  to  determine  the  rate  of  compensation  to 
be  paid  each  teacher,  respectively,  and  to  determine  the 
terms  of  school  to  be  held  in  their  respective  districts 
during  each  school  year. 


74  Trustees :  Hiring  Teachers      [Part  I 

Who  may  hire  teachers 

The  power  to  employ  teachers  rests  exclusively  in 
the  trustees.  (195) 

They  need  not  be  guided  even  by  the  vote  of  the  district 
meeting,  though  the  wishes  of  the  inhabitants  should  not  be 
wantonly  disregarded.  (716) 

This  is  the  usual  provision  in  other  states  (71  111  383,  79  111  567,  2  111  A 
584,  1  Ind  65,  102  Ind  279,  107  Ind  43,  26  la  281,  59  la  70,  36  Mich  404,  37 
Minn  96,  44  Mich  500,  60  N  E  956,  54  P  766,  65  S  W  686,  21  Wis  557.  But  see 
12  Lea  486.) 

It  rests  with  the  trustees  to  determine  the  number 
of  teachers.  (195) 

If  they  think  an  additional  teacher  is  required  they  have 
the  right  to  hire  her  without  submitting  the  question  to  the 
district  meeting.  (D  4005) 

They  fix  the  wages  of  the  teachers.     (195) 
It  is  no  excuse  for  not  opening  school  that  they  can  not 
find  a  qualified  teacher  at  the  salary  the  district  is  accustomed 
to  pay.  They  must  find  and  employ  a  teacher,  no  matter  how 
high  wages  they  are  obliged  to  pay.      (D  1864) 

They  determine  the  terms  of  school  for  each  year. 
(D  1976) 

In  the  exercise  of  this  authority  they  must  be  reasonable. 
Where  it  is  the  custom  to  hire  a  teacher  for  a  year  of  two 
terms,  the  trustees  may  not  limit  the  teacher's  employment 
by  hiring  her  for  a  term,  and  making  the  first  term  three 
months,  beginning  a  second  term  in  January.  (School  direc- 
tors vs  Leon,  Texas  S  C,  1900.) 

They  may  disregard  a  unanimous  vote  of  the  district  as  to 
the  sex  of  the  teacher  (D  1677,  98  Mass  587,  69  Pa  103,  56 
Vt  551),  the  wages  paid  (D.  1864),  the  conditions  of  the  con- 
tract (D  1738,  1831),  and  the  individual  selected  (D  1665, 
1753,  1803,  2114,  44  Mich  500) 
Where  there  is  a  dispute  as  to  who  is  elected  trustee,  a  teacher 


District]       Who  May  Hire  Teachers  75 

who  enters  upon  a  contract  with  a  person  who  assumes  the 
office  of  trustee  with  some  color  of  right,  and  who  begins  work 
as  a  teacher,  can  collect  his  wages  under  the  contract,  even 
if  forcibly  prevented  from  completing  his  work.  It  is  not 
necessary  for  the  teacher  to  wait  until  the  dispute  is  over 
before  beginning  school  work.  (D  3856;  27  N  E  303,  9  Neb 
56,  12  N  Y  179,  15  N  Y  818,35  Hun  111.  But  see  12  Lea  486.) 

A  contract  made  by  a.  de  facto  trustee  is  valid  even  though  he 
subsequently  be  declared  not  in  office.  (57  SW  473) 

Where  a  trustee  legally  vacates  his  office  by  removal  from 
the  district  but  continues  to  act  with  the  other  two,  he  must 
be  regarded  as  a  de  facto  officer,  as  far  as  affects  a  third  party. 
(54  Pac  185) 

Every  district  in  New  York,  not  a  union  free  school 
district,  has  either  one  trustee,  or  three,  or  (temporal i- 
ly)  two.  See  page  51. 

If  there  be  but  one  trustee,  it  is  only  necessary  that 
the  contract  be  clearly  understood  and  definitely 
expressed  in  writing.  See  page  84. 

If  there  be  three  trustees,  the  law  explicitly  re- 
quires that  the  contract  be  made  by  a  majority; 
and  at  a  meeting  of  which  all  three  have  been  notified . 
(193,  D  3582,  4376) 

This  law  prevails  in  most  states.  (52  Ark  511,  42  At  368,  14  How  302,  21 
111  124,  22  111  72,  67  111  511,  10  111  A  643,  24  111  A  229,  78  111  A  390, 
47  la  11,  4  Neb.  254,  12  Neb.  99,  22  Neb.  48,  58  Neb.  582,  27  Ks  120,  10  Lea 
344,  47  Mich  626,  78  NW  32,  82  NW  132,  993,  20  Ohio  89,  22  Ohio  144,47  Pac 
561,  2  Pa  204,  89  Pa  395,  89  Pa  St  395,  13  S  W  132,  61  S  W  793,  104  S  W 
172,  12  Vr  112,  59  Wis  518.  102  Wis  261.  But  see  59  Pac  885) 

The  notice  must  state  where  and  when  the  meeting  is  to 
beheld.  (193,  98  Wis  22) 

Mere  presence  of  the  third,  when  no  meeting  has  been 
called  does  not  make  a  contract  valid,  if  entered  into  by  the 
other  two  when  he  refuses  to  join  them.  (61  S  W  793) 

The  record  of  the  meeting  is  conclusive  evidence  as  to 
whether  the  teacher  was  hired.  (90  N  W  680) 


76  Trustees :  Hiring  Teachers       [Part  I 

The  consent  of  the  three  trustees  separately  makes  no 
contract.  A  contract  made  by  two  trustees  in  the  absence 
of  the  third  from  the  district  may  be  annulled  at  any  time  by 
•a  majority  of  the  three.  But  a  contract  may  be  made  by 
two  trustees  when  authorized  by  the  third  (D  1910),  or  by 
one  trustee  when  authorized  to  act  as  agent  for  the  three. 

(74  Me  462,  46  N  W  1053,  48  N  W  82,  56  N  W  1053,  48  Vt  444) 

A  contract  made  by  two  trustees  without  consulting  the 
third  may  be  ratified  at  a  subsequent  meeting. 

(126  Ind  528,  61  Mich  229,  62  Mich  153,  98  Mich  45,  110  Mich  363,  28  N  W 
105,  764.  45  N  W  989.  59  Pac  885.  But  see  20  W  Va  360) 

In  most  states  it  is  held  that  a  tacit  concurrence  of  the 
third  trustee  (D  1919),  or  even  by  two  trustees  when  the 
bargain  is  made  with  the  third  in  good  faith,  ratines  a  fulfilled 
contract. 

In  some  states  should  a  board  permit  a  teacher  to  engage 
in  teaching,  by  so  doing  the  board  approves  the  contract  of 
the  said  teacher,  whether  said  approval  appears  upon  the 
records  of  the  district  or  not. 

(42  Atl  368,  71  111  532,  29  Ks  211,  37  Minn  96,  67  Mo  319,  10  Neb  239,  13 
Neb  254,  23  Neb  384,  35  Neb  659.  57  Neb  48,  58  Neb  482,  36  N  W  554,  45  N  W 
989,  53  N  W  568,  58  N  W  482,  77  N  W  384,  78  N  W  932) 

If  there  be  two  trustees,  in  the  transition  from  three 
trustees  to  one,  or  through  vacancy,  the  contract 
should  be  made  at  a  meeting  of  both. 

But  when  one  gives  to  another  due  notice  of  a  meeting  which 
the  other  neglects  to  attend,  a  contract  of  the  one  with  a 
teacher  satisfactory  to  the  inhabitants  of  the  district  may  be 
approved. 

The  two  may  hire  a  teacher  before  school  meeting  for  the 
coming  year.  (D  4403) 

In  union  free  school  districts  the  contract  is  usually 
made  with  the  superintendent  or  the  secretary,  as 
agent  for  the  board  of  education. 

The  board  may  delegate  to  one  or  more  of  its  members  the 
power  to  hire  and  contract  with  teachers. — 5.  B.  xiv.  83. 


District]     What  Teachers  may  be  Hired       77 

This  is  true  also  in  districts.     (74  Me  462,  46  N  W  1053,  48 
N  W  82,  16  Wis  316) 

The  president  and  secretary  of  a  schoolboard  signed  con- 
tract for  an  additional  six  months  service,  thinking  board 
would  ratify.  The  board  refused  to  ratify  and  was  sus- 
tained. (68  N  W  584) 

What  teachers  they  may  hire 
The  teacher  must  be  18  years  old.     (550) 
Trustees  may  however  contract  with  a  minor  if 

more  than  18  years  old. 

In  most  states  a  contract  with  a  minor  is  binding  upon  the 

district  but  not  upon  the  teacher,  who  as  a  minor  may  decline 

to  fulfil  the  contract,  or  having  taught  for  a  time  may  decline 

to  teach  longer.     (D  2294) 

(3  Bart  115,  12  Lea  30.  15  Mass  272,  23  Me  569,  50  Vt  30,  38  Wis  100,  51 

Wis  554) 

In  New  York,  however,  failure  on  the  part  of  the  teacher  to 

complete  a  contract  without  good  reason  is  sufficient  reason 

for  revoking  his  certificate. 

The  laxity  of  the  law  toward  minors  is  intended  for  their  exclusive  benefit 

in  protecting  them  from  the  frauds  and  deceptions  which,  owing  to  their 

weakness  and   inexperience,   others  of  riper  years  might  be  enabled   to 

practice  upon  them. 

The  teacher's  wages  must  be  paid  to  him,  and  not  to  his 
parent  or  guardian  even  though  he  is  a  minor. 

(6  Ala  501,  3  Bart  115,  16  la  214,  22  la  171,  23  Me  569,  12  Mass  375,  15 
Mass  272,  15  Mass  28,  3  Peck  291,  4  S  &  R  207,  16  Vt  42,  1  Ware  462,  See 
37  Vt  647) 

A  minor  son  living  with  and  supported  by  his 
father  is  not  supposed  to  be  his  father's  agent  in 
procuring  a  tutor  during  his  vacation.  A  tutor 
therefore  can  not  recover  from  the  father  in  absence 
of  a  contract  with  him.  (Peacock  vs  Lauton,  RISC 
1902) 

The  teacher  must  not  be  related  to  any  trustee  by 
blood  or  marriaget  except  with  the  approval  of 


78  Trustees :  Hiring  Teachers      [Part  I 

the  voters  of  such  district  present  and  voting  upon 
the  question  at  an  annual  or  special  meeting  of  the 
district.  (564) 

A  teacher  employed  in  violation  of  this  provision  has  no 
claim  for  wages  against  the  district,  but  may  enforce  the 
specific  contract  made  against  the  trustees  consenting  to  such 
employment  as  individuals.  (565) 

This  prohibition  cannot  be  evaded  by  the  trustee's  delegat- 
ing the  hiring  to  his  associatiates  (D  1825,  2217)  or  to  the 
principal  of  the  school  (D  2081). 

But  the  hiring  of  a  teacher  who  is  related  to  the  trustee 
within  the  prohibited  degrees  without  the  requisite  consent  of 
the  voters  at  a  district  meeting  being  previously  secured,  is 
secured  by  subsequent  action  of  the  voters  by  a  f  vote  ap- 
proving of  such  employment.  The  trustee,  the  teacher,  and 
their  relatives,  if  qualified  voters  of  the  district,  are  entitled 
to  vote  upon  such  a  question  (D  3758). 

Where  the  district  has  three  trustees,  a  relative  of  any  one 
of  them  cannot  be  hired  by  the  other  two  unless  a  meeting  of 
the  district  approve  of  it  by  a  two-thirds  vote  (721) . 

The  law  formerly  made  the  limit  of  relationship  two  de- 
grees (395-399),  but  the  amended  law  makes  no  limit  as  to 
relationship  and  it  is  to  be  construed  literally.  The  trustee 
cannot  hire  a  teacher  who  is  related  to  him  in  any  degree — 
(letter  of  Sup'tCrooker,  Au%.  15,  1894^ 

The  prohibition  regarding  the  employment  of  a  relative  as 
a  teacher  applies  to  union  schools,  but  may  be  waived  upon 
consent  in  writing  of  f  of  the  members  of  the  board  of 
education. 

Relationship  by  marriage  ceases  upon  the  death  of  the 
wife  or  husband. 

Of  course  the  trustee  cannot  hire  himself.  (D  1665,  1753, 
1803,  2114,  3  Bush  255,  25  Wis  551) 

Nor  can  he  hire  his  wife. 

A  contract  with  the  wife  of  a  member  of  the  board  of 
trustees  is  contrary  to  public  policy  and  void.  The  earnings 


District]     What  Teachers  may  be  Hired       79 

of  the  wife  constitute  a  part  of  the  community  property  of 
husband  and  wife.      (70  Pac  40 1) 

Nor  can  he  hire  the  school  commissioner. 

Trustees  may  contract  with  a  married  woman. 

At  common  law  married  women  are  disabled  from  making 
such  contracts,  but  in  New  York  and  most  other  states  the 
right  to  make  contracts  and  receive  wages  is  given  them  by 
statute. 

They  may  not  contract  with  any  one  who  wears 
while  in  the  performance  of  duty  any  dress,  mark, 
emblem,  or  insignia  indicating  that  the  person  is  a 
member  or  adherent  of  any  religious  order,  sect  or 
denomination.  (77  N  E  612) 

Wearing  an  unusual  and  distinctive  garb,  one  used  exclu- 
sively by  members  of  a  certain  religious  sect,  and  for  the 
purpose  of  indicating  membership  in  that  sect,  by  public 
school  teachers,  constitutes  a  sectarian  influence  prejudicial 
to  the  interests  of  the  public  school  system  and  must  not  be 
persisted  in.  Pupils  in  a  common  school  should  not  be  per- 
mitted to  address  the  teachers  by  an  assumed  religious  name, 
Sister  Mary  or  Sister  Martha,  but  by  their  family  name  with 
the  prefix,  Mr.,  Mrs.,  or  Miss,  as  the  case  may  be.  (D.  3520, 
21Misc729) 

In  Pennsylvania  this  has  been  decided  otherwise.  (26 
L  R  A  203) 

In  New  York  the  court  of  appeals  in  the  case  of  James 
Sargent  vs.  the  city  of  Rochester,  decided  that  the  board  of 
education  could  pay  members  of  Catholic  religious  orders  for 
teaching  pupils  of  the  city  in  orphan  asylums  and  other 
charitable  institutions. 

The  education  department  ruled  June  13,  1903, 
that  the  board  of  No.  3,  Orangetown,  could  not  make  a 
rule  restricting  employment  to  college  graduates. 
But  as  the  board  may  hire  whom  they  like  they  can 
enforce  a  provision  like  this  if  they  choose. 


80  Trustees :  Hiring  Teachers        [Part  I 

In  the  case  of  Steinson  vs  New  York  board  of 
education,  the  supreme  court  decided  Aug.  4,  1897, 
that  a  school  is  not  a  public  department  of  the  state, 
and  hence  does  not  come  under  the  law  providing  for 
preferential  employment  of  veterans. 

They  may  employ  only  qualified  teachers,  that  is 
teachers  who  hold  legal  and  unexpired  certificates  to 
teach  in  this  state.  (195) 

(40  Atl  806,  2  Coldw  18.  29  Hun  606,  15  111  65,  16  111  147,  39  111  101,  39  111 
609,6911180,  71111732,  86111596,  87111255,  92111293,  11211111.  10  111  A 
643,  26  111  A  379'  26  Ind  337,  69  Ind  80,  70  Ind  575,  79  Ind  585,  17  la  228, 
20  Me  37,  26  Me  56,  12  Minn  448,  27  Minn  433,  31  Minn  319,  12  .hio  Cir  247, 
61  Pac  250,  63  Pac  328,  12  Vt  586,  41  Vt  353.  46  Vt  5*62) 

This  restriction  does  not  apply  to  superintendents  of 
schools  (45  N  W  989) ;  though  Pa.  makes  the  same  require- 
ments of  city  or  borough  as  of  county  superintendents,  and 
many  states  make  the  requirements  higher  than  for  teachers. 

There  is  no  such  restriction  upon  school  commissioners. 

It  applies  to  teachers  of  evening  schools  and  to  substitutes, 
though  Utah  permits  substitutes  for  a  day  or  two  to  teach 
without  certificates. 

The  requirement  is  mandatory  and  cannot  be  waived. 
(26  Vt  115) 

It  holds  even  though  the  examiner  wantonly  refuse  to 
examine.  (20  Me  37) 

If  an  unqualified  person  is  hired  as  teacher  he  has  no  claim 
for  wages  against  the  district,  but  may  enforce  the  specified 
contract  against  the  trustees  as  individuals  (565) 

No  part  of  the  school  moneys  apportioned  to  a 
district  can  be  applied  or  permitted  to  be  applied  to 
the  payment  of  the  salary  of  an  unqualified  teacher, 
nor  may  his  salary,  or  any  part  thereof,  be  collected  by 
a  district  tax.  (555) 

Any  trustee  who  applies,  or  directs,  or  consents  to 
the  application  of  any  district  money  to  the  payment 


District]       What  Teachers  may  be  Hired      81 

of^an  unqualified  teacher's  salary,  thereby  commits  a 
misdemeanor;  and    any    fine    imposed    upon     him 
therefor  is   for   the  benefit  of  the  common  schools 
of  the  district.      (556) 
In  Tennessee  it  is  an  indictable  offence.     (2  Cold  181) 


CHAPTER  VI 
Trustees:  Qualified  Teachers 

What  constitutes  a  Qualified  Teacher 

No  teacher  is  qualified  who  does  not  possess  (1)  an 
unannulled  diploma  granted  by  a  state  normal  school, 
or  (2)  an  unrevoked  and  unannulled  certificate  of 
qualification  given  by  the  superintendent  of  public 
instruction,  or  commiosioner  of  education,  or  (3)  an 
unexpired  certificate  of  qualification  given  by  the 
school  commissioner,  city  superintendent,  or  board 
of  education,  within  whose  district  or  city  such  teach- 
er is  employed  (550) . 

No  person  is  deemed  to  be  qualified  who  is  under 
the  age  of  18  years.  (550) 

The  commissioner  of  education  may  grant  under 
his  hand  and  seal  of  office  a  certificate  of  qualification 
to  teach,  and  may  revoke  the  same.  (552) 

Such  certificate  may  be  granted  by  him  only  upon 
examination.  (552) 

He  determines  the  manner  in  which  such  examinations  are 
conducted,  and  designates  proper  persons  to  conduct  the 
same,  and  report  the  result  to  him.  He  also  appoints  times 
and  places  for  holding  such  examinations,  at  least  once  in  each 
year,  and  causes  due  notice  thereof  to  be  given.  (552) 

The  powers  of  the  commissioner  of  education  as  to 
examinations  are  unlimited  though  most  states  make  speci- 
fications by  statute. 

The  Indiana  circuit  court  decided  Oct.  15,  1898,  that  the 
state  board  of  education  did  not  have  authority  to  require 
Guizot's  History  of  Civilization  for  teachers  examinations. 

(82) 


District]         Teachers'  Certificates  83 

It  will  be  observed  that  in  New  York  all  licenses  now 
depend  upon  examination,  and  this  rule  is  becoming 
universal  in  the  United  States . 

In  the  few  states  where  the  employing  authority  is  still 
also  the  licensing  authority  a  formal  examination  is  sometimes 
waived,  as  the  employment  of  the  teacher  is  in  itself  an 
evidence  that  the  licensing  authority  has  decided  that  he  is 
competent  to  teach. 

The  tendency  is  also  to  trust  less  and  less  to  the  general 
impression  of  the  examiners  and  depend  more  and  more  on 
fixed  requirements.  The  regents  examinations  of  New 
York,  where  the  same  questions,  prepared  from  a  central 
office,  are  used  simultaneously  all  over  the  state,  and  papers 
examined  at  the  central  office,  have  set  an  example  which 
is  bearing  influence  in  all  directions  and  in  some  states  is 
already  followed. 

In  many  states  teaching  is  limited  to  those  subjects  in 
which  the  candidate  has  been  examined.  In  some  the  wages 
are  made  dependent  on  the  grade  of  the  certificate. 

Some  states  impose  special  penalties  in  the  law  against 
those  who  shall  be  dishonest  in  the  examination.  Thus,  in 
Ky.  and  in  So.  Dak.  any  person  who  unlawfully  obtains,  or 
attempts  to  obtain,  or  sells,  barters  or  gives  away  to  an 
applicant  for  a  certificate,  or  any  other  person  any  question 
or  questions  prepared  or  sent  out  by  the  state  board  of 
examiners,  is  guilty  of  misdemeanor,  and  must  be  fined  not 
less  that  $50  or  more  that  $100;  and  in  Fla.  any  person  or 
persons  who  are  found  guilty  of  securing  or  attempting  to 
secure  the  prepared  questions  or  who  furnish  the  prepared 
questions  to  any  teacher  or  other  person  in  any  other  way 
than  prescribed,  are  debarred  from  teaching  a  school  or 
from  holding  any  school  office  in  the  state. 

In  a  recent  case  it  was  however  decided  that  valid  cer- 
tificates honestly  obtained  may  not  be  revoked  for  "unpro- 
fessional conduct"  which  consists  in  violating  rules  for  the 
examination  of  teachers  by  asking  variation  of  rules,  for- 


84          Trustees— Qualified  Teachers     [Part  I 

warding  papers  irregularly  prepared,  telling  one  of  the  board 
of  examiners  that  she  had  considerable  influence  with  the 
county  superintendent,  and  informing  one  of  the  board  of 
directors  that  she  had  gotten  a  first  grade  certificate  though 
it  was  not  granted  to  her.  A  teacher  cannot  be  deprived  of 
a  valuable  vested  right  for  mere  inconsiderate  language 
or  slight  impropriety  of  conduct.  .(57  Pac  361) 

A  teacher  must  attend  the  examinations  in  her  own  dis- 
trict or  obtain  permission  of  her  commissioner  to  attend 
those  in  any  other  district ;  otherwise  the  certificate  obtained 
in  such  other  district  need  not  be  endorsed.  (D  4728) 

While  examination  is  the  first  step  toward  obtain- 
ing a  license,  it  does  not  of  itself  entitle  a  candidate 
to  a  license.  It  is  sufficient  proof  of  scholarship; 
but  the  examining-officer  is  required  to  satisfy  him- 
self also  that  the  candidate  is  personally  a  fit  person 
to  be  a  teachei,  and  he  must  refuse  a  license  unless 
the  evidence  on  this  point  is  satisfactory  to  him. 

A  commissioner  is  justified  in  withholding  a  certificate 
to  teach  from  any  applicant,  where  he  is  satisfied  that  evidence 
of  good  character  does  not  appear.  *  *  *  It  must  be  borne 
in  mind  that  the  commissioner  is  the  servant  of  the  people, 
pledged  to  protect  their  interests  and  rights  in  matters  per- 
taining to  the  education  of  their  children,  and  he  has  no  right 
to  imperil  these  interests  by  legalizing  the  presence  and  labors 
amongst  them  of  a  person  concerning  whose  moral  reputation 
there  is  a  doubt.  (D  4202,  3750,  4743) 

.It  is  obvious  that  a  teacher  might  have  the  necessary 
literary  acquirements  and  capacity  to  govern,  and  be  a  person 
of  good  moral  character,  and  yet  be  an  unfit  person  for  the 
services  required.  A  teacher  might  have  personal  habits  or 
manners  so  offensive  as  to  make  his  influence,  upon  the  scholars 
injurious.  He  might  be  too  severe  in  his  requirements; 
inclined  to  devote  too  much  time  to  the  older  or  better 
scholars,  at  the  expense  of  the  younger  or  more  ignorant; 
a  person  of  strong  prejudice;  a  decided  partisan  and  pro- 


District]         Granting  Certificates  85 

pagandist  in  politics  or  religion;  unskilful  in  imparting 
knowledge,  or  unable  to  appreciate  the  difficulties  of  begin- 
ners; and  still  be  a  person  of  sound  morals,  great  learning, 
and  undoubted  capacity  to  govern.  Yet  all  these  consider- 
ations might  very  properly  be  regarded  in  considering  "his 
qualifications  for  teaching".  (9  Allen  96) 

The  following  principles  laid  down  in  the  Ky. 
Report  for  1878,  p.  180,  will  always  be  of  much  weight: 

The  qualification  required  of  a  candidate  is  to  teach  the 
elements  of  a  plain  English  education.  It  is  not  unfrequently 
the  case  that  a  candidate  may  be  thoroughly  versed  in 
certain  branches,  and  yet  be  void  of  all  aptitude  to  impart 
instruction  and  draw  out  mind  (sic).  The  board  in  granting 
a  certificate,  should  therefore  address  itself  more  to  the 
teaching  capacity  of  an  applicant  than  to  the  amount  of 
knowledge  he  may  possess.  The  art  of  teaching  being  of  so 
great  importance,  the  examiners  should  value  highly  a  habit 
of  inquiry  into  the  best  modes  of  instruction.  If  the 
candidate  has  read  and  is  familiar  with  the  best  treatises  on 
pedagogics,  and  is  a  subscriber  to  a  school  journal,  these 
facts  should  add  at  least  20%  to  the  merit  of  an  examination, 
and  also  help  to  determine  the  class  and  grade  of  a  cer- 
tificate. 

In  this  matter  the  law  leaves  much  to  the  discretion 
of  the  licensing  officer,  but  it  does  not  permit  him  to 
refuse  a  license  out  of  malice  or  ill-will.  (104  Ind 
548;  52  la  111) 

It  has  been  decided  that  in  such  a  case  the  teacher  may 
recover  damages  at  law ;  nor  is  he  compelled  in  order  to  show 
malice  on  the  part  of  the  officer  to  prove  personal  malice  or 
ill-will,  for  if  the  officer  acted  rashly,  wickedly,  or  wantonly 
in  refusing  the  license,  the  jury  may  find  malice. 

The  New  York  law  requires  the  commissioner  to 
inquire  into  the  moral  fitness  and  capacity  of  candi- 
dates before  granting  them  certificates  of  qualifica- 


86         Trustees— Qualified  Teachers       [Part  I 

tion  and  a  commissioner  is  under  no  obligation  to  give 
a  reason  for  not  granting  a  certificate.  (D  3817, 
4743) 

The  Philadelphia  supreme  court  in  the  case  of  Kell 
vs.  Rudy,  1896,  decided  that  though  the  teacher  had 
all  the  educational  qualifications,  the  superintendent's 
action  in  refusing  a  license  because  of  the  candidate's 
habit  of  using  intoxicants  and  reputed  immoral  char- 
acter was  judicial,  and  no  mandamus  could  be  issued. 
The  courts  cannot  compel  a  licensing  officer  to  grant  a 
certificate.  (37  Conn  103,  43  la  5921,  52  la  111,  23  Neb 
655,  2  N  W  1009.  But  see  76  Cal  745,  81  Cal  542,  18  Pac 
766,  22  Pac  890) 

But  they  may  compel  him  to  act  upon  an  application  for 
one.  (2  N  W  N  S  1009,  High's  Extraordinary  Legal  Reme- 
dies, Sees.  24,  34,  43) 

The  licensing  officer  may  be  compelled  to  change  the  date 
of  a  certificate  to  that  when  it  was  really  given.  After  an 
officer  has  decided  that  a  certificate  should  be  given,  the 
granting  it  is  a  ministerial  act  and  may  be  compelled.  (76 
NE530;  41  Pac 871) 

The  employment  of  a  teacher  who  was  granted  a  pro- 
visional license  ceases  upon  the  refusal  of  the  licensing 
officer  in  the  exercise  of  his  discretion  to  renew  the  license, 
and  such  teacher's  right  to  draw  salary  terminates.  (58  N  Y 
734) 

While  a  uniform  1st  grade  certificate  to  be  valid  must  be 
endorsed  by  the  commissioner  in  the  district  where  the  school 
is  to  be  taught,  its  possession  is  sufficient  evidence  of  qualifi- 
cation, since  the  commissioner  must  endorse  it  unless  there  is 
valid  reason  to  the  contrary.  (D  4888,  61  Pac  1063) 

The  commissioner  of  education  may  also,  in  his  dis- 
cretion, indorse  a  diploma  issued  by  a  state  normal 
school,  or  a  certificate  issued  by  a  state  superintendent 
or  state  board  of  education  in  any  other  state.  (552) 


District]         Granting  Certificates  87 

Such  indorsement  confers  upon  the  holder  the  same  privi- 
leges conferred  by  law  upon  the  holders  of  diplomas  or 
certificates  issued  by  state  normal  schools  or  by  the  com- 
missioner of  education  in  this  state.  (552) 

Comparatively  few  states  have  thus  far  given  power  to 
endorse  certificates  from  other  states,  as  in  many  of  them  the 
statute  requires  examination.  Alabama,  Florida,  Indiana, 
Maryland,  New  Jersey,  Oregon,  and  Pennsylvania  have  re- 
ciprocal relations  with  New  York. 

The  California  law  permits  county  boards  of  ed'n  to  grant 
county  certificates  to  holders  of  state  normal  diplomas  of 
other  states  without  examinations.  County  certificates  of 
the  highest  grade  may  also  be  granted  to  holders  of  California 
university  diplomas.  But  it  is  held  that  the  holder  of  a 
university  diploma  cannot  compel  the  county  board  to  issue 
a  certificate,  the  word  being  may,  not  must,  and  to  compel 
granting  would  give  graduates  of  foreign  normal  schools  the 
same  privileges  as  those  of  graduates  of  state  normals,  and 
prevent  county  boards  from  establishing  their  own  standard 
of  proficiency.  (60  Pac  1092) 

He  may  also,  in  his  discretion,  issue  a  certificate 
without  examination,  to  any  graduate  of  a  college  or 
university  who  has  had  three  years  experience  as  a 
teacher.  Such  last-mentioned  certificate  is  known  as 
the  "college  graduate's  certificate'',  and  may  be  re- 
voked at  any  time  for  cause.  (552) 

This  is  an  exeption  from  examination,  on  the  ground  that  a 
graduate  of  a  reputable  college  has  already  undergone  suffi- 
cient literary  examinations,  and  in  a  four  years  course  has 
sufficiently  demonstrated  good  character  to  make  it  safe  to 
grant  him  a  certificate.  See  corresponding  privilege  to  high 
school  graduates,  page  296. 

College  graduates  may  have  certificates  without  examina- 
tions in  Kansas,  Minnesota,  Wisconsin,  and  other  states. 


88  Trustees— Qualified  Teachers    [Part  I 

He  may  also  issue  temporary  licenses  to  teach, 
limited  to  any  school  commissioner  district  or  school 
district,  and  for  a  period  not  exceeding  6  months 
whenever,  in  his  judgment,  it  may  be  necessary  or 
expedient  for  him  to  do  so.  (552) 

This  is  an  absolute  power,  and  is  meant  to  provide  for 
emergencies,  where  the  teacher  is  probably  qualified  for  ex- 
aminations but  has  not  had  opportunity  to  take  them,  as 
where  he  has  just  come  from  another  state  and  is  needed  to 
begin  work  at  once. 

In  Michigan  the  law  provided  that  the  secretary  of  the 
schoolboard  might  grant  a  special  certificate,  good  till  the 
next  public  examination,  but  such  certificate  granted  to  a 
candidate  who  had  failed  to  pass  four  days  before  was  invalid. 
(71  Mich  361) 

In  cities  and  in  villages  employing  a  superintendent 
primary  and  grammar  teachers  must  either  (1)  hold  a 
New  York  State  or  college  graduate  certificate  or 
normal  diploma;  or  (2)  have  had  3  years  successful 
experience  and  a  valid  certificate;  or  (3)  have  gradu- 
ated from  high  school,  academy,  or  institution  of  like 
rank,  having  a  course  of  not  less  than  3  years  approved 
by  the  commissioner  of  education,  and  subsequently 
from  a  training-class  having  a  course  of  not  le^s 
than  38  weeks,  approved  by  the  commissioner  of 
education.  (551) 

The  city  may  require  additional  qualifications,  but  one  of 
these  three  must  be  insisted  on.  (551) 

High  school  teachers  are  not  subject  to  these  restrictions, 
the  only  requirement  being  that  they  hold  some  form  of 
license  valid  in  schools  having  an  academic  department. 

These  are  the   statutory  requirements  for  teachers' 


District]        Annulling  Certificates  89 

certificates.  The  regulations  made  by  the  regents  of 
the  university  are  given  in  chapter  XXIV,  pages 
287-314. 

In  an  action  for  salary  the  regularity  of  a  certificate  once 
granted  cannot  be  attacked.  (59  Pac  885) 

But  where  there  is  evidence  of  fraud  in  granting  the 
certificate  this  may  be  considered. 

In  1896  B.  F.  Bray  was  candidate  for  county  superintendent 
in  Lincoln  county,  Okl.,  but  during  the  campaign  it  was  found 
that  he  was  not  qualified  under  the  law.  He  took  examina- 
tion in  Pottawatomie  county  Oct.  28,  but  did  not  pass.  Yet 
he  presented  a  certificate  purporting  to  be  signed  by  the  coun- 
ty superintendent  of  that  county,  and  was  elected.  The 
court  held  that  it  was  immaterial  whether  the  signature 
was  genuine,  because  the  examination  papers  showed  that  he 
did  not  pass  the  examination,  and  hence  was  not  entitled  to 
the  certificate  or  eligible  to  the  office.  (48  Pac  1 16) 

It  will  be  observed  that  the  statute  specifies  that 
the  certificate  must  be  unrevoked  and  unannulled. 

Certificates  may  be  annulled  by  the  commissioner  of 
education  upon  cause  shown  to  his  satisfaction,  or 
by  the  school  commis  ioner  for  immoral  character. 
(336,  552,  554;  82  N  E  792.  See  21  Barb  252) 

It  will  be  noted  that  there  is  only  one  cause  for  which  the 
school  commissioner  may  annul  a  certificate.  Revoking  a 
license  is  not  a  judicial  act,  but  must  be  for  statutory  cause 
(82  N  E  792).  On  the  other  hand  the  county  superintendent's 
bias  and  want  of  judicial  capacity  are  not  grounds  for  inter- 
ference by  the  courts.  (82  N  E  792) 

To  annul  a  certificate  for  immorality  is  justly 
regarded  as  a  severe,  almost  a  disastrous  punishment, 


90  Trustees-  Qualified  Teachers    [Part  I 

and  in  all  states  precaution  is  taken  to  guard  the 
teacher  against  injustice. 

(1)  A  certificate  may  not  be  annulled  for   moral 
delinquencies  known  at  the  time  of  issuing   the   cer- 
tificate, where  no  subsequent  bad  conduct  of  the  kind 
is  known  to  have  occurred. 

On  the  other  hand  it  may  be  annulled  for  any  cause  which 
if  known  at  the  time  of  issuing  the  certificate  would  have 
been  sufficient  ground  for  withholding  it. 

(2)  The  teacher  must  have  notice,  and  opportu- 
nity to  defend  himself.     (554) 

The  notice  should  be  at  least  10  days  (10  Barb  290). 
The  respondent  must  have  opportunity  to  defend,  to  con- 
front and  to  cross-examine  the  witnesses  against  him. 
(D  3510) 

In  1902  a  teacher  in  Henry  county,  Indiana,  was  hired  as 
a  married  man.  His  wife  left  him,  charging  him  with  moral 
unworthiness,  and  the  county  superintendent  revoked  his 
license  without  examination.  This  action  the  state  super- 
intendent reversed. 

In  some  states,  where  the  offence  comes  under  the  personal 
observation  of  the  commissioner,  as  where  a  teacher  writes 
to  the  commissioner  a  scurrilous  and  obscene  letter  (D  3928), 
no  notice  is  required. 

(3)  The  charges  must  be  definite  and  specific;  it 
of  an  immoral  habit,  one  or  more  instances  must  be 
specified. 

No  general  charge  of  immoral  character  will  be  sufficient 
to  put  a  person  on  the  defensive.  The  charges  should 
specify  immoral  acts  of  the  teacher  and  should  be  drawn  with 
as  much  care  and  distinctness  as  an  indictment,  so  that  she 
may  know  just  what  she  must  meet.  (D  3510) 


District]          Annulling  Certificates  91 

(4)  The  offence  must  be  serious,  so  as  to  make  the 
teacher's  presence  dangerous  to  the  well-being  of  the 
school. 

In  New  York  it  has  been  decided  that  though  intemperance 
is  a  sufficient  charge  (D  1942),  the  annulment  may  be  with- 
held where  there  is  fair  hope  of  reform  (D  1907).  A  single 
profane  expletive  uttered  out  of  school  and  under  sudden 
provocation  would  not  warrant  annulment.  (D  2003) 

In  New  York  a  certificate  may  not  be  annulled  because  the 
teacher  does  not  pay  his  debts  (D  3686),  though  in  1877  the 
State  superintendent  of  Wisconsin  decided  otherwise. 

But  the  commissioner  of  education  will  annul  any  certificate 
for  frequenting  saloons  and  disorderly  houses  (D  3863),  for 
advertising  pictures  supposed  to  be  obscene  (D  3866),  and 
for  inflicting  cruel  punishment.  (D  3863) 

All  states  authorize  the  revocation  of  certificates  for  immoral  conduct. 
Fla.  specifies  "proven  guilty  of  any  gross  immorality".  Cal.  and  Ore.  add 
"for  unprofessional  conduct";  N.  C.  adds  "or  other  conduct  unbecoming  a 
teacher";  Pa.  and  Ga.  add  "cruelty";  S.  D.  and  Mont,  add  "intemperance, 
cruelty,  crime  against  the  law",  and  Ga.  and  Ohio  name  "intem- 
perance, habitual  profanity,  dishonesty,  larceny  and  other  violations  of  law". 

Arizona  says:  "Any  teacher  who  shall  use  any  sectarian  or  denomina- 
tional book  or  teach  any  sectarian  doctrine,  or  conduct  any  religious  exercises 
in  his  school,  or  who  shall  fail  to  comply  with  any  of  the  provisions  mentioned 
in  section  89  of  this  act,  shall  be  deemed  guilty  of  unprofessional  conduct, 
and  it  shall  be  the  duty  of  the  proper  authority  to  revoke  his  or  her  certificate 
or  diploma." 

Immorality  in  the  teacher  is  so  serious  a  menace 
to  the  community,  that  when  he  knows  of  it  the 
commissioner  should  take  action  immediately;  he 
need  not  wait  lor  charges  to  be  preferred. 

The  school  law  of  Washington  says:  "The  county  super- 
intendent has  the  right,  and  it  is  his  duty  as  a  protector  of 
the  people  from  imposition,  to  make  the  charge  himself  if 
it  is  not  made  by  others." 


92          Trustees :  Qualified  Teachers       [Part  I 

In  New  York  commissioners  have  no  longer  the  right 
as  formerly  (D  2194)  to  annul  certificates  for  deficiency 
in  learning,  or  to  re-examine  a  candidate  holding  a 
certificate.  (4268) 

In  Minn,  a  superintendent  may  cite  for  re-examina- 
tion any  person  holding  a  license  and  under  contract 
to  teach,  and  if  satisfied  that  the  teacher  is  not  of 
good  moral  character  or  has  not  sufficient  learning  or 
ability,  may  revoke  the  license,  whereupon  the 
teacher's  contract  becomes  void.  It  is  manifest  that 
this  leaves  the  teacher  in  a  state  of  uncertainty  as  to 
the  future  which  the  New  York  law  prevents. 

Certificates  may  be  annulled  lor  deficiency  in  ability 
to  manage  the  school. 

In  New  York,  conmissioners  no  longer  have  the 
power  to  annul  certificates  for  this  cause  (D  4268) ; 
but  upon  cause  shown  to  his  satisfaction,  the  com- 
missioner of  education  may  annul  any  certificate. 
(336) 

The  quickest  remedy  against  an  inefficient  teacher 
is  now  probably  to  break  the  contract  by  dismissing 
him  (see  page  127),  and  let  the  teacher  appeal  if  he 
choose  to  the  commissioner  of  education.  But  appeal 
may  be  made  to  annul  the  teacher's  certificate,  and 
if  the  education  department  does  so  the  contract  is 
at  once  terminated.  See  page  89. 

In  this  matter  the  department  will  doubtless  be 
governed  by  the  same  principles  that  were  enunciated 
in  its  decisions  while  commissioners  had  this  power, 


District]          Annulling  Certificates  93 

and  we  give  some  of  the  more  significant,  with  cor- 
responding decisions  in  other  states. 

On  Dec.  28,  1886,  Commissioner  Perrin  A.  Strough  revoked 
the  license  of  Jessica  Wells,  teaching  in  No.  6,  Cape  Vincent 
after  an  examination  at  which  the  teacher  and  her  counsel 
were  present.  There  was  no  charge  against  her  character, 
but  it  was  claimed  that  she  neglected  her  classes  and  was 
faulty  in  her  methods.  But  two  weeks  before  the  commis- 
sioner had  visited  her  school  and  had  written  in  the  register, 
"I  am  well  pleased  with  all  the  school  work,  and  believe  that 
if  the  teacher  had  the  hearty  co-operation  and  support  of 
the  parents,  this  would  be  a  term  of  school  marked  with  more 
progress  than  any  school  I  ever  visited  here."  The  annul- 
ment of  a  license  is  not  to  be  resorted  to  for  the  purpose  of  remov- 
ing a  teacher  from  the  school  because  people  in  the  district  are 
dissatisfied  with  her.  Moral  delinquency,  or  a  deliberate 
infraction  of  school  laws,  or  the  wilful  defiance  of  the  proper 
suggestions  or  directions  of  supervisory  officers,  or  utter 
inability  to  follow  them,  may  be  sufficient  ground  for  annul- 
ling licenses,  but  nothing  less  grave  than  this  is.  (D  3572) 
See  pages  124  to  135. 

The  action  of  a  school  commissioner  revoking  a  teacher's 
license  sustained,  when  the  holder  while  teaching  had  engaged 
in  other  pursuits,  and  in  consequence  neglected  his  work  in 
the  school,  and  where  it  became  apparent  that  the  teacher 
had  lost  all  interest  in  his  work,  had  become  lax  in  discipline, 
and  had  neglected  to  preserve  order  in  the  school.  (D  3886) 

The  annulment  may  be  effected  without  notice,  if  deter- 
mined upon  at  a  personal  visit,  but  only  when  the  result  of 
positive  observation,  and  not  through  malice  and  wantonly. 
(45  111  12) 

It  appears  hardly  proper  that  a  highly  successful  teacher, 
long  believed  to  be  excellently  qualified,  should  be  forced  to 
abandon  her  chosen  profession  in  which  she  has  advanta- 
geously labored  twenty  years  on  the  strength  of  an  opinion 
based  on  a  fifteen  minutes'  observation  of  her  school.  (D 
2480) 


94  Trustees :  Qualified  Teachers     [Part  I 

Inability  to  maintain  order  is  sufficient  cause,  but 
specially  adverse  circumstances  must  receive  consid- 
eration. (D  1982) 

Certificates  may  be  annulled  for  unnecessary  and  cruel 
punishment,  but  not  for  choking  or  severe  blows  where  re- 
sistance is  encountered.  But  certificates  may  not  be  annulled 
on  account  of  personal  ill-will  toward  the  teacher  in  the 
district.  See  above.  See  also  Wis.  Jour,  of  Ed'n,  1876, 
p.  296. 

Frank  F.  Gray,  teaching  the  village  school  of  Wellsburg, 
received  on  December  7,  1886,  a  notice  from  Commissioner 
Nichols  that  he  should  annul  his  certificate  December  18  for 
"want  of  sufficient  ability  to  teach".  There  had  been 
dissensions  in  the  district  but  "the  assurances  of  prominent 
citizens  of  the  locality  whose  credibility  is  undoubted,  go  to 
show  that  he  is  a  man  of  sufficient  general  ability  to  teach 
school  successfully,  and  I  have  no  doubt,  will  do  so  if  he  can 
have  the  general  good  will  of  the  community.  No  one  can 
succeed  without  this.  There  is  little  reason  to  believe  that 
the  work  of  a  teacher  who  might  succeed  him  would  have 
more  cordial  or  general  support  than  his  work  has."  The 
order  annulling  the  certificate  is  revoked.  (D  3959,  82  N.  E. 
792) 

Among  specifications  of  other  States  under  this  head  Ariz, 
and  Cal.  name  evident  unfitness,  and  Ohio,  manifest  incom- 
petency;  which  last  word  is  used  by  Ga.,  La.,  Mont.,  Neb., 
N.  J.,  Pa.,  S.  D.,  etc.  Fla.  says  "when  the  holder  proves  to 
be  unsuccessful,  incompetent";  and  R.  I.,  "for  failure  prop- 
erly to  instruct  and  govern". 

Wilful  failure  on  the  part  of  a  teacher  to  attend  a 
teachers'  institute  as  required,  is  sufficient  cause  for 
the  revocation  of  a  teacher's  license  by  the  commis- 
sioner of  education.  (82  N  E  572) 


District]         Annulling  Certificates  95 

Most  states  have  a  similar  provision.  La.,  Neb., 
Ore.,  S.  D.,  Utah,  Vt.,  Wash.  etc.  (144) 

Any  failure  on  the  part  of  a  teacher  to  complete 
an  agreement  to  teach  a  term  of  school  without  good 
reason  therefor,  is  deemed  sufficient  ground  for  the 
revocation  of  the  teacher's  certificate  by  the  com- 
missioner of  education.  (137)  See  page  123. 

Mont,  suspends  the  certificate  for  6  months,  or  one  year, 
and  Cal.  for  one  year. 

In  Vt.  it  has  been  decided  that  a  teacher  who  contracts  to 
teach  for  a  definite  time  and  gives  up  the  school  without 
just  cause  cannot  sustain  an  action  for  such  services  as  were 
rendered.  (27  Vt  646,  29  Vt  219) 

Some  offences  that  have  been  specified  as  warrant- 
ing the  annulment  of  a  certificate  are  as  follows : 

In  New  York  falsification  of  the  register  of  attend- 
ance (D  3853J^);  in  Mont.,  N.  D.,  refusal  to  perform 
his  duty;  in  Va.  closing  school  on  a  school  day;  in 
Kan.  failure  to  pay  reasonable  attention  to  the  sug- 
gestions of  the  county  superintendent. 

Va.  and  R.  I.  say  that  certificates  will  be  liable  to 
revocation  "for  good  cause",  and  N.  C.  authorizes  the 
county  superintendent,  with  the  approval  of  the 
chairman  of  the  board  of  education,  to  revoke  a 
certificate  "for  the  same  cause  or  other  causes  damag- 
ing to  the  school  interests  and  satisfactory  to  himself". 

In  regard  to  this  as  to  other  acts  of  school  officers 
by  which  he  feels  himself  aggrieved,  the  teacher  may 
appeal  to  the  commissioner  of  education,  whose 
decision  is  final.  See  page  143. 


96  Trustees :  Qualified  Teachers     [Part  I 

The  teacher  must  possess  the  certificate;  that  is 
he  must  hold  it  at  the  time  the  contract  is  made. 
(D  3670,  4888,  25  S  E  830,  87  111  255,  43  Pac  907) 

Of  course  this  restriction  as  to  dating  does  not  apply  to 
subsequent  dating  of  certificates  in  New  York.  See  p.  290. 
When  a  teacher  has  notice  that  she  is  entitled  to  a  certificate 
she  is  competent  to  make  a  contract  although  the  certificate 
has  not  been  issued.  (D  5295) 

But  in  other  states  a  letter  from  a  county  superintendent 
stating  that  a  temporary  certificate  will  be  granted  is  not  the 
equivalent  of  the  certificate.  (93  Pac  907) 

It  is  not  sufficient  that  this  certificate  be  obtained  after  the 
contract  is  made,  even  if  it  be  antedated,  for  "a  teacher's 
certificate  must  bear  the  same  date  as  the  examination,  and 
cannot  legally  bear  any  other." 

(1  Colo  A  27,  29  Hun  606,  16  111  147,  87  111  255,  92  111  293,  69  Ind  80,  70 
Ind;575,  20  Me  154,  12  Minn  448,  27  Minn  433,  98  Wis  22,  But  see  36  111 
A  45,  20  Vt  487,  28  Vt  575,  29  Vt  433.  42  Vt  353) 

In  Vt  it  has  been  held  that  wages  could  be  collected  for  teaching  under  an 
antedated  certificate.  (41  Vt  453,  See  1  Colo  A  27) 

In  some  states,  this  does  not  render  invalid  a  contract  of 
employment  entered  into  with  a  teacher  before  he  obtains  a 
certificate,  provided  he  obtains  it  before  he  begins  to  teach.  See 
D  4888.  An  Ohio  court  ruled: 

"The  law  forbids  the  employment  of  a  teacher  who  has  not  a 
certificate.  The  teacher  is  not  employed  within  the  meaning 
and  intent  of  this  provision  until  he  engages  in  the  discharge 
of  his  duties  as  teacher.  The  mischief  intended  to  be 
guarded  against  was  the  teaching  of  a  school  by  an  incompe- 
tent person,  and  not  the  making  of  a  contract  by  an  incom- 
petent person."  (15  111  65,  88  111  648,  42  111  A  570,  36  111  A 
133,  65  111  A  104,  88  111  A  648,  22  Ohio  St  194,  28  Vt  575) 

In  Iowa,  the  state  superintendent  decided,  Dec.  21,  1887,  that  a  teacher 
may  legally  contract  with  a  board  before  receiving  a  certificate  of  qualifica- 
tion. However,  she  may  not  begin  teaching  without  said  certificate. — S.  B. 
xiv.  83. 


District]       Possession  of  Certificate  97 

In  Vt.  it  has  even  been  held  that  the  law  is  satisfied  if  the  teacher  obtains 
a  contract  on  the  evening  of  the  first  day  of  school  (28  Vt  575,  46  Vt  452) ; 
and  that  if  a  person  begins  to  teach  without  a  certificate  and  continues  to 
teach  after  obtaining  one,  he  is  considered  to  have  made  a  new  contract, 
beginning  at  the  time  when  the  certificate  was  obtained,  and  having  the 
same  terms  as  the  one  under  which  teaching  was  begun.  (46  Vt  452) 

In  Minn,  a  person  began  teaching  under  a  contract.  He  taught  3  weeks; 
then  obtained  a  certificate  and  made  a  written  contract  to  run  3  months 
from  the  time  he  began  teaching.  Held  that  he  was  entitled  to  wages  after 
the  certificate  was  obtained,  but  to  no  pay  for  the  previous  3  weeks.  (20 
Minn  72) 

In  111.  a  certificate  was  not  obtained  till  the  middle  of  the  te/m.  A  new 
contract  was  entered  into  at  that  time  to  pay  the  teacher  double  wages  ior 
the  rest  of  the  term.  This  was  considered  an  attempt  to  do  indirectly  what 
there  was  no  power  to  do  directly;  and  therefore  the  contract  was  held  void. 
(71  111  532,  See  also  16  111  147,  39  111  609,  87  111  255,  92  111  293;  but  compare 
35  Vt  520) 

In  Mo.  it  has  been  held  that  under  a  statute  requiring  the  teacher  to  pro- 
duce a  license  before  employment  the  spirit  of  the  law  was  complied  with 
if  the  commissioner  did  not  renew  an  expired  license  in  presence  of  the 
trustees,  in  writing,  but  declared  the  teacher  competent  and  gave  his  sanction 
to  his  going  on  with  the  school.  (66  Mo  286) 

The  teacher  may  be  discharged  at  any  time  on 
failure  to  produce  a  certificate  (732] 

Some  states  explicitly  require  the  candidate  to  exhibit  the 
license  to  the  trustees.  (53  Ark  468,  15  111  65,  16  111  147,  39 
111  609,  87  111  255,  92  111  293,  112.111  11) 

It  has  been  held  that  a  teacher  may  be  discharged  if  he 
cannot  produce  his  license,  the  fact  not  being  considered  that 
one  has  been  granted  which  has  miscarried  or  otherwise  been 
lost  (53  Ark.  468).  But  usually  the  teacher  may  show  that 
he  was  entitled  to  a  certificate,  if  it  is  withheld  by  inad- 
vertence. (29  Vt.  433;  61  Vt.  107) 

Nor  may  any  trustees  contract  with  any  teacher 
whose  certificate  of  qualification  does  not  cover  a 
period  at  least  as  long  as  that  covered  by  the  contract 
of  service.  (562) 

(D  3734  4002.  118  Mich  469,  43  N  W  1062.  76  N  W  1038.  63  Pac  213) 


98  Trustees :  Qualified  Teachers     [Part  I 

Some  states  are  very  liberal  in  this  respect.  In  Vt.  it 
has  been  held  that  where  a  teacher  taught  5  weeks  before  his 
license  expired  and  6  weeks  afterward  without  a  new  certificate 
she  should  recover  for  the  entire  11  weeks.  In  Colo,  if  the 
license  expire  within  a  month  of  the  end  of  the  term,  he  may 
finish  the  term  without  a  new  certificate;  and  Id.  and  Utah 
extend  this  time  to  6  weeks. 

Of  course  the  annulment  of  a  license  immediately  termi- 
nates the  contract,  even  though  it  be  plainly  illegal  and  an 
immediate  appeal  be  taken.  (D  2145) 

A  written  contract  for  3  months  contained  an  agreement 
to  give  the  teacher  a  contract  for  5  months  more  if  she  was 
satisfactory.  Her  certificate  was  good  only  for  2  months 
beyond  the  first  3  months.  Held  that  since  she  was  not  in 
position  to  make  contract  for  the  additional  5  months,  she 
could  not  maintain  action  for  breach  of  contract.  (76  N  W 
1038) 

It  has  been  held  in  Neb.  if  the  teacher  has  been  paid  for  a 
part  of  the  term  during  which  he  did  not  hold  a  certificate 
the  money  can  not  be  recovered.  (13  Neb  52,  13  N  W  16) 

In  Mo.  it  has  been  held  that  if  the  teacher  has  a  certificate 
covering  part  of  the  term  of  employment  and  obtains  another 
on  its  expiration,  that  is  sufficient.  Hibbard  vs.  Smith. 
But  that  is  not  the  usual  view.  (63  Pac  213) 

Michigan  (Sec.  4810)  provides  that  a  commissioner  of  schools  who  has 
held  office  under  147:1891  is  eligible.  Held  that  this  indicates  an  intention 
to  provide  that  once  elected  the  person  is  always  eligible.  (14  Det  Leg  iv. 
840,  114  N  W  927) 

It  has  been  held  that  the  licensing-officer  may  not  procure 
a  mandamus  to  prevent  an  unlicensed  teacher  from  teaching. 
(17  la  228,  9  N  H  722)  But  any  tax-payer  may  enjoin 
payment  to  such  a  teacher.  (9  N  H  722) 

A  teacher's  authority  to  teach,  however,  cannot  be 
questioned  for  the  want  of  a  certificate  by  either  the 
pupils  or  their  parents.  The  schoolboard  alone  can 
raise  the  question.  (26  Me  36;  59  N  H  473) 


District]         Unqualified  Teachers  99 

It  has  been  held  that  an  unlicensed  teacher  was 
liable  to  action  for  assault  and  battery  if  he  resorted 
to  corporal  punishment ;  that  his  authority  came  only 
from  his  certificate. 

Horace  Mann  held  that  in  such  a  case  the  teacher 
could  be  effectively  defended : 

"On  the  other  hand,  some  incline  to  the  opinion 
that  a  teacher  without  a  certificate,  though  not  in 
law  a  teacher,  yet  is  so  in  fact;  and  while  the  actual 
relation  of  teacher  and  pupil  subsists,  all  the  legal 
powers  of  a  teacher  attach  to  this  relation,  and  may 
therefore  be  exercised  by  them.  If  a  school  kept  by 
a  teacher  without  a  certificate  is  not  a  public  school, 
then  it  must  be  a  private  school;  and  the  teacher  of  a 
private  school  has  as  clear  a  right  to  inflict  punish- 
ment, in  exigencies  that  require  it,  as  any  other 
teacher,  or  as  any  parent." — 10th  Mass  Report,  p,  169 

The  courts  have  taken  this  view.  (13  Neb  52; 
59  N  H  473;  27  Vt  755) 

Sup't  Morrison  decided  (S.  B.  xii.  62)  that  the  law 
does  not  prohibit  one  pupil  from  instructing  others, 
but  this  could  not  be  allowed  as  a  substitute  for  an 
adequate  teaching  force.  If  a  school  is  too  large 
for  the  teacher,  the  trustee  should  provide  an  addi- 
tional teacher. 


CHAPTER  VII 
Trustees:  Duration  of  Contract 

Trustees  of  school  districts  or  boards  of  education 
who  employ  any  teacher  to  teach  must,  at  the  time  of 
such  employment,  make  and  deliver  to  such  teacher, 
or  cause  to  be  made  and  delivered  a  contract  in 
writing,  signed  by  them,  or  by  some  person  duly 
authorized  to  represent  them  in  the  premises,  in  which 
the  details  of  the  agreement  between  the  parties, 
and  particularly  (a)  the  length  of  the  term  of  em- 
ployment, (b)  the  amount  of  compensation,  and  (c) 
the  time  when  such  compensation  is  due  and  payable 
are  clearly  and  definitely  set  forth.  (562) 

In  some  states  absence  of  a  written  contract  makes  the 
contract  void.  (136  Ind  503,  25  Ind  Ap  161,  22  L  R  A  515, 
105  Mass  102,  19  Minn  203,  39  Minn  499,  36  N  E  141,  57  N  E 
732,  80  N  W  354,  87  N  W  80) 

Although  a  contract  between  a  teacher  and  the  school 
district  board  must  be  in  writing,  it  need  not  be  reduced  to 
writing  during  the  session  of  the  board,  but  it  is  sufficient 
if  made  by  parol  during  such  session,  and  signed  after  the 
adjournment  of  the  board.  (42  Kan  695) 

Essie  Fisher  was  engaged  to  teach  at  National  Mine,  Mich., 
one  year  beginning  Sept.,  1895.  There  was  no  written  con- 
tract, but  the  clerk  of  the  board  gave  her  notification  which 
she  accepted  by  letter.  Three  days  before  school  opened 
the  clerk  notified  her  that  her  services  were  not  needed.  She 
replied  that  she  regarded  the  former  notice  as  a  contract, 
brought  suit  and  recovered  salary  for  the  year. —  Mich. 
Moderator  Jan.  21,  1897. 

A  teacher  had  a  written  contract  with  the  school  district 
to  teach  the  school  in  the  district  for  a  term  of  6  months. 

(100) 


District]      Contract  must  be  Written  101 

He  taught  until  the  expiration  of  6  months  from  December 
11,  and  testified  that,  before  the  expiration  of  this  time,  he 
made  a  new  arrangement,  orally,  with  the  board  to  continue 
the  school  for  another  month,  under  the  old  contract.  He 
received  pay  for  the  full  6  months  covered  by  the  original 
contract.  Then,  in  this  action,  he  recovered  a  judgment  for 
$35,  the  value  of  the  service  for  the  extra  month,  under  the 
new  arrangement. 

The  school  district  contended  that  the  contract,  not  being  in 
writing,  was  not  enforceable.  The  teacher,  on  the  other  hand, 
contended,  first,  that  this  was  not  a  new  contract,  but  an 
enlargement  of  the  original  one,  which  was  in  writing.  This 
proposition  is  not  tenable.  The  law  contemplates  that  all 
the  terms  of  the  contract  shall  be  in  writing ;  and  if,  under  a 
claim  of  enlarging  or  continuing  a  written  contract,  the 
board  might  make  the  principal  part  of  it  rest  in  parol,  or 
in  an  oral  agreement,  it  would  have  the  effect  to  render  the 
statute  of  little  value. 

It  was  further  contended  that,  the  contract  having  been 
performed  by  the  teacher,  he  was  entitled  to  recover,  not- 
withstanding the  state  statute,  which  requires  that  all  such 
contracts  shall  be  in  writing.  There  is  nothing  ambiguous 
about  the  terms  of  this  statute.  The  district  board  is  a  board 
of  limited  powers,  and  no  good  reason  can  be  urged  why, 
when  the  statute  is  express  and  limits  their  power  to  contracts 
in  writing,  it  should  not  be  observed.  In  a  previous  case  (61 
Mich  299)  it  affirmed  that,  where  a  written  contract  was  signed 
by  a  majority  of  the  board,  and  was  presumptively  valid  on 
its  face,  the  execution  of  such  a  contract,  not  duly  authorized, 
might  be  ratified  by  the  board  without  a  formal  meeting. 
Where  there  was  a  written  contract,  valid  on  its  face,  actually 
carried  out  in  full,  and  acquiesced  in  by  all  concerned,  the 
court  held  (62  Mich  153)  that  it  could  not  be  subsequently 
repudiated.  The  effect  of  these  cases  was  to  hold  that  one 
contracting  with  the  school  district  in  writing,  and  whose 
contract  is  signed  by  the  officers  contemplated  by  the  statute, 
may  rely  upon  the  appearance  of  authority,  and  assume,  at 


102       Trustees :  Duration  of  Contract    [Part  I 

least,  after  his  services  have  been  received  without  murmer  or 
complaint,  that  authority  had  been  duly  granted  to  execute 
the  contract. 

This  case  is  to  be  distinguished  from  one  (110  Mich  363)  in 
which  all  the  officers  of  the  district  ratified  a  contract  not 
required  by  the  terms  of  the  statute  to  be  in  writing,  where 
the  only  question  was  whether  the  informal  action  of  the 
board  should  be  sustained.  Here  the  plaintiff  (teacher)  is 
presumed  to  know  the  law,  and  must  be  held  to  know  that 
the  contract  under  which  he  assumed  to  render  service  to  the 
district  was  one  prohibited  by  the  statute  because  not  written. 
He  was  not  misled  as  to  the  authority  of  those  with  whom  he 
assumed  to  contract,  but  stood  upon  equal  ground  with  the 
school  board,  and,  although  it  may  be  a  case  of  hardship,  the 
contract  is  one  not  enforceable,  and  a  verdict  should  have 
been  directed  for  the  defendant  (school  district).  (87  N  W 
80) 

In  Ky.  a  verbal  contract  is  sufficient,  provided  the  city  has 
not  itself  passed  some  statutory  provision  requiring  con- 
tracts in  writing.  (Roberts  vs.  Clay  city,  Ky  S.  C.  May  9, 1900) 

A  written  contract  may  contain  more  than  one  instrument. 
(72  N  E,  citing  149  Ind  152) 

Va.  imposes  a  fine  of  $50  upon  any  school-board  that  fails 
to  enter  into  written  contract  in  form  prescribed. 

In  New  York  failure  to  give  the  teacher  a  written 
contract  does  not  vitiate  the  contract.  (D  3640.  See 
33  la  105,  40  la  444,  63  Mo  137,  13  Pac  329)  But  it 
makes  it  difficult  for  the  teacher  to  prove  what  were 
the  terms  of  the  contract,  in  case  there  is  a  dispute 
(D  3890).  Where  the  case  is  difficult  to  determine 
(D  3768,  4263),  or  where  the  amount  of  damages  is 
indeterminate  (D  3768,  3797)  the  commissioner  of 
education  will  refuse  to  interfere,  and  refer  the 
matter  to  the  courts. 


District]      Contract  must  be  Definite  103 

The  contract  must  be  definite.     .(562) 

(72  N  E  159,  citing  136  Ind  503,  25  Ind  Ap  161,  22  L  R  A  515,  105  Mass 
102, 19  Minn  203,  36  N  E  141,  57  N  E  732) 

It  must  be  so  plain  as  to  be  capable  of  specific  enforcement. 
(77  Ind  447,  127  Ind  95,  26  N  E  686,  56  N  E  524,  72  N  E  159) 

A  teacher  was  employed  at  a  certain  regular  meeting  on 
condition  that  she  should  attend  at  some  place  of  learning  a 
summer  training  school,  but  the  contract  did  not  say  when 
school  was  to  begin,  what  grade  she  was  to  teach,  nor  how 
much  she  should  be  paid.  Held  not  sufficiently  definite.  (72 
N  E  159) 

In  the  absence  of  fraud,  accident,  or  mistake,  it 
will  be  conclusively  presumed  that  the  contract 
contains  the  entire  agreement  of  the  parties.  (52 
la  130,  25  S  E  830) 

When  a  teacher  accepted  a  written  contract  for  16  weeks, 
but  claimed  to  have  been  hired  for  36  weeks,  the  burden  of 
evidence  to  dispute  the  contract  is  upon  the  teacher.  (D 
3944,  4767) 

An  application  by  a  teacher  for  position  and  an 
order  by  the  board  to  employ  her  are  not  sufficient  to 
constitute  a  contract.  (72  N  E  159) 

On  the  other  hand  a  resignation  may  be  recalled 
before  it  is  acted  upon. 

A  teacher  and  a  board  of  directors  of  a  school  district 
entered  into  a  written  contract  for  the  former  to  teach  the 
public  school  in  such  district  for  a  term  of  36  weeks,  commenc- 
ing in  September.  He  took  charge  of  the  school,  and  taught 
it  up  to  the  beginning  of  the  winter  vacation  in  December. 
Two  days  before  he  closed  the  school  for  the  vacation,  he 
handed  a  tender  of  his  resignation  to  the  president  of  the 
board,  to  take  effect  the  day  the  school  should  close  for  the 
vacation.  The  president  called  a  special  meeting  of  the 
board  for  the  Saturday  evening  following  the  closing  of  the 


104      Trustees :  Duration  of  Contract    [Part  I 

school.  That  evening,  after  the  members  of  the  board  had 
convened,  and  before  the  tender  had  been  acted  upon,  the 
teacher  placed  upon  the  secretary's  table  a  writing,  addressed 
to  the  board,  stating  that,  after  much  urgent  solicitation  on 
the  part  of  his  many  friends,  he  thereby  withdrew  his  resig- 
nation. Nevertheless,  the  board  accepted  the  resignation, 
and,  when  the  teacher  presented  himself,  after  the  vacation, 
ready  and  willing  to  continue  to  perform  the  duties  of  teacher 
under  the  contract  mentioned,  they  forbade  and  prevented 
his  doing  so.  Moreover,  2  days  after  the  special  meeting 
referred  to,  an  order  was  drawn  on  the  treasurer,  and  delivered 
to  the  teacher,  for  the  balance  due  up  to  the  commencement 
of  the  vacation,  and  this  order  was  paid  to  him  a  few  days 
later. 

Under  such  circumstances,  could  the  teacher  recover 
damages  for  breach  of  contract  ?  The  supreme  court  of 
Iowa  holds  that  he  could.  First  of  all,  it  does  not  consider 
that  there  was  a  renunciation  of  the  contract  upon  his  part. 
It  holds  that  the  writing  in  which  he  stated  that  he  tendered 
resignation  was  simply  an  offer  to  resign, — to  terminate  the 
contract, — and,  until  accepted,  was  not  binding  upon  either 
party.  If  it  had  been  accepted  (before  being  withdrawn), 
both  parties  would  have  consented  to  the  termination  of  the 
contract;  but,  if  not  accepted  (though  not  withdrawn), 
both  would  continue  to  be  bound  by  the  contract.  Being  a 
mere  offer,  the  teacher  making  it  had  the  right  to  withdraw  it 
at  any  time  before  it  was  acted  upon  by  the  board.  Where- 
fore, after  its  withdrawal  before  being  acted  upon,  it  was  as 
if  no  such  offer  or  tender  of  resignation  had  been  made.  At 
the  time  the  board  acted,  it  had  no  such  offer  to  act  upon. 

The  tender  of  the  resignation  did  not  show  an  abandonment 
of  the  contract.  Nor  is  one  shown  by  the  fact  that  he  drew 
the  balance  of  the  pay  due  him,  nor  by  the  fact  that  he  de- 
livered the  key  of  the  schoolhouse,  on  demand  of  the  board, 
prior  to  the  time  when  school  was  to  commence  again.  He 
drew  his  pay  to  the  end  of  the  year  because  it  was  due  him, 
and  delivered  up  the  key  because  it  was  demanded  of  him. 
The  fact  that  the  tender  of  resignation  was  handed  to  the 


District]     Must  be  for  Specified  Time          105 

president,  and  retained  by  him,  did  not  constitute  an  ac- 
ceptance of  it,  for  the  reason  that  it  remained  for  the  board 
to  act  upon  the  offer. 

It  was  further  contended  that  if,  by  reason  of  the  with- 
drawal, there  was  no  resignation  before  the  board,  then 
their  action  was  an  order  of  discharge,  under  the  section  of 
the  Iowa  code,  which  provides  that  the  board  may,  for 
sufficient  cause,  after  a  full  and  fair  investigation,  discharge 
a  teacher.  The  court  says  that  the  proceedings  at  the  special 
meeting  were  not  intended  to  be,  and  were  not,  in  fact,  in 
pursuance  of  that  provision  of  the  statutes.  No  complaint 
of  incompetency,  partiality,  or  dereliction  of  duty  was  made 
against  the  teacher,  nor  was  he  called  upon  or  permitted  to 
defend  against  such  accusations.  Besides,  the  relief  sought 
in  this  case  being  exclusively  a  money  judgment,  which  the 
county  superintendent  had  no  power  to  grant,  the  court 
does  not  consider  that  the  teacher  lost  any  rights  therein  by 
not  appealing  from  the  action  of  the  board  to  him.  (82  N  W 
444) 

The  duration  of  the  contract  must  be  stated.     (562) 

Agreements  between  teachers  and  trustees  that  either 
party  may  terminate  the  employment  at  any  time  are  against 
public  policy.  Employment  should  be  for  a  specific  length  of 
time.  (D3678)  See  N.  Y.  Teacher  vii.  421. 

The  law  does  not  permit  trustees  to  assume  dictatorial 
powers.  It  will  not  allow  them  to  exact  agreements  of  teach- 
ers into  which  a  self-respecting  person  cannot  enter;  nor  will 
it  allow  them  to  turn  a  teacher  out  of  the  schoolhouse  in  the 
midst  of  employment  only  because  of  pique  or  spite,  or  in 
order  to  put  some  one  else  in.  The  employment  must  be 
at  least  for  a  reasonable  length  of  time.  It  should  be  for  a 
term  at  least — a  time  sufficient  to  enable  a  teacher  to  show 
proficiency  or  make  so  complete  a  failure  that  no  district  will 
employ  him  again.  (D  3735) 

If  the  board  make  a  valid  contract,  reserving  the  right  to 
discharge  a  teacher  whenever  they  see  fit,  then  the  public 


106       Trustees :  Duration  of  Contract    [Part  I 

schools  must  be  taught  to  suit  the  whims,  caprices,  and  pe- 
peculiar  notions  of  the  hiring  board,  and  not  as  the  teacher 
in  the  conscientious  discharge  of  his  duty  should  teach  the 
same.  They  could  compel  teachers  of  district  schools  to 
teach  the  same  to  the  satisfaction  of  the  boards  who  hire 
them,  instead  of  to  the  satisfaction  of  the  people  who  com- 
pose the  district,  or  in  a  manner  most  beneficial  to  the  pupils, 
or  as  a  good,  competent,  and  faithful  teacher  ought  to  teach 
the  same.  (50  Wis  651) 

A  rule  that  the  teachers  should  be  liable  to  discharge  at 
the  pleasure  of  the  board  is  no  defence  to  an  action  on  a 
contract  of  hire  for'a  specific  term.  (15  Colo  367,  55  Mo  149, 
60  Wis  651) 

A  decision  rendered  Feb.  7,  1896,  by  the  State  superin- 
tendent of  Washington  contains  this  ruling: 

In  this  case  two  questions  arise  at  the  outset  upon  the 
determination  of  which  will  depend  the  decision  of  the  whole 
matter:  First,  Is  the  provision  in  the  contract  empowering 
the  board  to  dismiss  at  pleasure  operative  ? 

On  the  first  question  raised  the  assistant  attorney-general 
has  advised  this  office  as  follows:  "All  authority  of  the  school 
board  to  employ  a  teacher  is  traceable  to  some  provision  of 
law.  Such  law  is  not  only  the  source  of  their  authority  but 
the  limitation  of  it.  The  power  to  discharge  a  teacher  is 
restricted  by  the  provision  that  the  discharge  must  be  for 
sufficient  cause.  The  board  cannot,  tjy  the  form  of  the 
contract  they  enter  into  with  a  teacher,  give  themselves 
greater  powers  than  the  statute  has  conferred  upon  them. 
No  power  whatever  is  conferred  upon  the  board  to  discharge 
a  teacher,  except  for  sufficient  cause.  Any  provision  there- 
fore in  a  contract  with  a  teacher  giving  them  the  power  to 
discharge  at  will  is  unauthorized  and  invalid."  (50  Neb  171, 
69  Neb  772) 

But  it  is  entirely  a  question  of  statute  law.  In  states 
where  the  statute  empowers  the  trustees  to  employ  teachers 
and  remove  them  at  pleasure,  this  enters  as  part  of  any 


District]     Must  be  for  Specified  Time          107 

contract  made  tinder  it,  and  a  teacher  may  be  discharged 
notwithstanding  the  terms  of  his  employment.  (D  1845; 
cf.  3888;  5.  B.  xv.  105) 

(12  Gray  339,  3  Hun  181,  26  111  379,  81  111  A  304,  10  Kans  283,  123  Mass 
545,  1  Neb  76,  6  Neb  167,  19  Neb  494,  42  Neb  127,  49  Neb  759,  50  Neb  174, 
60  N  W  347,  69  N  W  114,  772,  97  Tenn  489.  38  Vt  602) 

This  was  true  in  New  York  city  and  Brooklyn  previous  to 
their  consolidation  into  the  Greater  New  York.  (66  N  E  675) 

Where  board  employs  teacher  for  a  year  "unless  sooner 
removed  by  the  board"  he  cannot  be  removed  without  cause. 
(45Pac  119) 

A  stipulation  to  pay  the  teacher  for  time  actually  occupied 
in  school  does  not  prevent  payment  for  such  time  as  the 
trustees  might  arbitrarily  prevent  her  from  performing  her 
duties.  (60  Pad  100) 

Trustees  have  the  power  to  hire  beyond  their  term 
of  office,  for  a  term  not  exceeding  one  year.  A  sole 
trustee  has  the  same  right.  (D  3640,  4311,  4466, 
4888,  5295) 

(53  Ark  468,  63  Barb  177,  36  Conn  280,  8  Cush  191,  4  Hill  168,  4  111  A  224, 
4  Ind  396,  106  Ind  478,  126  Ind  528,  1  Ind  A  138,  13  la  555,  75  Mo  408,  27 
N  E  303,  34  La  354,  47  Mich  112,  67  N  Y  36,  47  Pac  758,  20  Vt  487,  23  Vt 
416,  24  Vt  528,  56  Vt  551,  7  Wend  181,  But  see  87  111  255,  92  111  293,  24 
111  A  191,  5  Jones  98,  51  Mo  221) 

Texas  upholds  this  right,  which  has  been  affirmed  by  courts 
of  Mich.,  Ind.,  Wash.,  Ark.,  and  federal  courts.  Delaware 
denies  it.  (42  Atl  368) 

In  some  states,  the  trustees  may  not  engage  a  teacher  after 
their  successors  have  qualified  (87  111  255,  4  111  A  224,  24  111  A 
191,  51  Mo  149,  55  Mo  149,  50  N  W  293),  or  before  the  annual 
re-organization  of  the  board  (87  111  255,  92  111  293,  16  Wis  33), 
but  may  make  contract  for  a  term  beginning  after  some  mem- 
bers go  out  of  office.  (53  Ark  468,  106  Ind  478,  44  Mich  500,  81 
Mich  214,  67  N  Y  36,  16  Wis  316)  Ark.,  Minn.,  Ky.  even 
forbid  that  contracts  for  the  coming  year  be  made  before 
July  1.  (42  Atl  368) 


108     Trustees :  Duration  of  Contract     [Part  I 

In  the  absence  of  statutory  limitations  a  school  district 
can  enter  into  a  contract  of  employment  with  a  teacher  for 
a  period  of  two  scholastic  years,  though  such  contract  ex- 
tends beyond  the  term  for  which  some  of  the  directors  were 
elected. — Caldwell  vs.  No.  7,  Lake  county,  U  S  S  C  Oregon, 
March  1,  1899. 

In  New  York  common  districts  no  contract  for  the 
employment  of  a  teacher  may  be  made  for  more  than 
one  year  in  advance;  or  for  a  shorter  time  than  ten 
weeks  unless  for  the  purpose  of  filling  out  an  unex- 
pired  term  of  school.  (562,  D  4466,  5106,  103  N  Y 
65) 

(87  111  255,  92  111  293,  4  111  A  224,  32  Pa  194,  28  Pa  Sup  16) 

No  such  restriction  is  placed  on  hiring  in  union  schools. 
(D  3653) 

Some  cities,  like  New  York  and  Albany,  make  the  engage- 
ment of  teachers  permanent,  either  at  once  or  after  a  year  or 
two  of  probation.  In  such  cities  teachers  may  be' removed 
only  for  cause. 

New  Jersey  has  recently  made  this  a  law. 

Contracts  should  be  made  by  the  year,  or  for  a 
certain  number  of  months,  weeks,  or  days.  (12 
Gray  339) 

The  school  month  is  now  almost  universally  regard- 
ed as  4  weeks  of  5  school-days  each.  (2  Wallace  77) 

Where  the  time  is  not  stated  it  must  be  assumed  to  be  for 
a  year.  (170  Mass  289) 

A  contract  for  one  year  is  a  school  year.     (72  Pac  408) 

Where  a  teacher  was  first  engaged  in  1880 ;  in  the  summer  of 
1881  was  hired  for  another  year;  and  in  the  summer  of  1882 
was  hired  "for  another  term  at  a  salary  of  $900  per  annum", 
and  discharged  Nov.  29,  1882,  held  that  the  contract  did  not 
expire  till  the  end  of  the  school  year,  in  June,  1883.  (Sup't 
Gilmour,  N.  Y.,  April  5,  1883.  50  Neb  171,  69  N  W  172) 


District]          Vacation;  Holidays  109 

As  to  hours  of  school,  see  page  170. 

A  teacher  entered  into  contract  for  3  months  with  option 
to  teach  the  entire  year  if  satisfaction  was  given.  Held  that 
she  could  not  be  discharged  at  the  end  of  six  months.  (69 

N  W  772) 

A  contract  for  a  year  includes  the  two  months  of 
vacation  (707) ;  but  during  these  months  the  teacher 
may  teach  another  school  or  otherwise  employ  his 
time.  (710) 

Usually  the  yearly  salary  is  paid  in  10  equal  instalments, 
but  in  some  schools  it  is  paid  in  12  instalments.  Where 
engagement  is  by  the  month,  and  teachers  receive  one- 
twelfth  of  the  annual  salary  each  month,  a  teacher  who  has 
completed  the  school  year  must  be  paid  for  the  vacation 
months,  even  if  she  has  declined  to  remain. — 5.  B.  xiv.  95. 

A  teacher  engaged  for  a  year  at  a  specified  salary  was  paid 
1—9  each  month,  on  assumption  there  would  be  9  months. 
There  were  8  months.  Held  that  she  must  be  paid  the  other 
1-9.  (Williams  vs.  Bagtelle,  Cal.) 

A  stipulation  to  pay  "for  the  time  actually  occupied  in 
school"  must  be  construed  simply  as  an  intention  to  prohibit 
plaintiff  from  drawing  her  salary  during  vacation,  or  during 
the  time  she  might  be  excusably  absent  or  temporarily 
unable  to  discharge  her  duties,  and  not  to  apply  to  such  time 
as  the  defendant  might  arbitrarily  prevent  plaintiff  from 
performing  her  duties  without  discharging  her  under  the 
contract.  (60  Pac  1100) 

Unless  otherwise  specified,  the  contract  requires 
no  school  upon  holidays. 

The  commissioner  of  education  directs  that.  Feb  12 
and  Feb.  22  be  observed  by  appropriate  exercises  in 
schools,  programmes  for  which  he  supplies.  Though 
these  are  holidays  schools  may  be  kept  open  or 
closed  in  the  discretion  of  the  school  authorities. 
(452,  702) 


110       Trustees :  Duration  of  Contract    [Part  I 

When  a  holiday  comes  on  Sunday,  it  is  celebrated  on  the 
Monday  following. 

For  these  days  no  deduction  from  wages  is  to  be  made. 
But  if  the  teacher  keeps  the  school  open  on  a  holiday,  he  is 
not  entitled  to  have  such  day's  service  counted  in  lieu  of 
another  day  not  a  holiday.  (39  Mich  480 ;  62  Mich  153) 

The  custom  is  so  well  established  of  keeping  the  school 
in  session  on  the  five  work-days  of  each  week  exclusive  of 
Saturday,  that  to  change  this  custom  would  require  action 
by  the  board,  but  in  Ohio  they  may  authorize  that  there 
shall  be  no  session  on  Monday. 

In  Iowa  it  is  lawful  for  a  board  to  give  teachers  holidays  and 
not  deduct  pay,  and  quite  usual.  The  teacher,  however, 
may  not  claim  it  as  a  right. 

Sup't  Geeting  of  Indiana  ruled  that  if  the  school  be 
closed  by  the  trustees  that  the  pupils  may  attend  the  county 
fair,  the  teacher  cannot  be  compelled  to  make  up  the  time. 
Ind.  School  Journal,  xiii.  15.  (See  74  Ind  127) 

The  statute  requires  that  the  teacher  receive  full 
pay  for  institute  week.  (623) 

Schools  in  cities  and  incorporated  villages  employ- 
ing a  superintendent  are  not  compelled  to  close  for 
the  institute,  or  to  allow  their  teachers  pay  for  at- 
tendance, but  they  sometimes  do  so. 

The  trustees  of  every  school  district  are  directed  to  give 
the  teacher  or  teachers  employed  by  them,  the  whole  of  the 
time  spent  by  them  in  attending  at  an  institute  or  institutes 
held  as  hereinbefore  stated,  without  deducting  anything 
from  the  wages  of  such  teacher  or  teachers  for  the  time  so 
spent.  All  teachers  under  a  contract  to  teach  in  any  school 
commissioner  district  must  attend  such  institute  so  held  for 
that  district,  even  though  at  the  time  the  school  is  not  in 
session,  and  receive  wages  for  such  attendance. 

A  teacher  must  be  paid  for  the  week  spent  at  teachers' 
institute  occurring  during  the  term  of  employment.  When, 


District]  Institute  Week  111 

at  the  request  of  a  board  of  trustees,  a  teacher  taught  an 
additional  week,  the  teacher  must  be  paid  for  that  week  at 
the  contract  rate.  An  attempt  to  compel  a  teacher  to  make 
up  for  the  time  spent  at  an  institute  will  not  be  sustained. 
(D  3523) 

Arranging  a  period  of  vacation  by  a  trustee  so  as  to  avoid 
the  payment  of  wages  during  the  week  of  a  teachers'  insti- 
tute, and  which  the  teacher  duly  attended,  is  contrary  to  the 
statute.  (D  3892) 

Teachers  will  be  entitled  to  pay  for  a  week  during  which 
school  was  closed  in  consequence  of  a  teachers'  institute 
having  been  designated  for  that  week,  but  not  held  because 
of  storms  and  floods  which  rendered  it  impossible.  Also, 
to  the  week  to  which  the  institute  was  adjourned  and  held, 
school  having  been  closed.  (D  3623) 

A  teacher  may  attend  an  institute  outside  her  own  district, 
if  she  has  the  consent  of  the  trustee,  the  commissioner,  and 
the  commissioner  of  education. — 5".  B.  xx.  37. 

In  S.  D.  teachers  receive  one-half  pay  for  attendance. 
In  Ore.  they  are  paid  for  not  more  than  2  days. 

In  some  states  the  state  even  pays  the  necessary  expenses 
for  the  holding  of  state  associations  of  teachers,  and  teachers 
may  suspend  their  schools  for  not  more  than  2  days  in  the 
year  to  attend  such  associations,  and  receive  pay  for  their 
time. 

For  penalty  if  teacher  fails  to  attend  institute,  see 
page  94. 

A  teacher  of  a  district  school  neglected  to  attend  the 
session  of  a  teachers'  institute,  although  the  school  was 
closed  during  the  week,  by  the  trustees'  direction,  because 
of  a  report  which  prevailed  that  a  contagious  disease  was 
prevalent  in  the  vicinity  where  the  institute  was  held.  Held, 
that  the  teacher  was  not  entitled  to  recover  pay  for  the  week 
of  the  institute.  (D  3829) 

The  contract  is  sometimes  conditional  upon  the  teacher's 
attending  local  teachers'  meetings. 


112      Trustees :  Duration  of  Contract     [Part  I 

Where  a  teacher  is  prevented  from  filling  a  contract 
from  misfortunes  that  happen  to  the  district,  he  can 
recover  for  full  time.  (19  111  A  48,  23  111  367,  39  111 
446,  13  Neb  52,  13  N  W  16) 

Va.  authorizes  the  trustees,  with  the  approval  of  the 
county  superintendent,  to  close  the  schools  "for  a  sufficient 
cause",  and  pay  the  teacher  for  the  time  taught;  and  la. 
while  acknowledging  the  right  of  the  teacher  to  full  pay, 
says  such  cases  are  best  settled  by  compromise. 

Nora  Meredith  of  Henry  county,  Indiana,  began  teaching 
school,  but  the  trustee  closed  it  on  account  of  small  attend- 
ance. He  was  obliged  to  pay  her  full  salary.  (70  N  93) 

When  school  is  closed  on  account  of  contagious  or 
other  sickness,  the  teacher  may  recover  full  pay. 
(D  3706,  3791,  5079,  5082,  10  Ind  A  428,  50  L  R  A 
371,  43  Mich  480,  50  Vt  30) 

The  same  principle  applies  when  school  is  necessarily  closed 
on  account  of  a  blizzard. — S.  B.  xiv.  98. 

If  the  schoolhouse  is  burned,  the  teacher  recovers 
for  full  period  of  contract.  (D  3917,  5.  B.  x  93,  23 
111  367,  69  Mich  589.  But  see  24  Mo  A  250) 

Three  teachers  were  engaged  in  No.  1,  Westchester, 
on  Aug.  27,  1887.  Through  wrangling  on  the  part 
of  the  trustees  the  school  was  not  opened  till  Jan.  9. 
1888.  The  teachers  must  be  paid  in  full  as  though 
school  had  been  in  session.  (D  3679)  So  as  to 
payment.  (4  Ohio  561) 

Action  of  a  board  of  education  in  resolving  to  close 
public  schools  for  the  reason  that  the  corporate 
authorities  upon  whom  the  duty  to  provide  funds 
devolves  by  law,  neglect  to  provide  necessary  means, 
will  not  be  upheld.  Teachers  under  contract  would 


District]        Closing  of  School 


113 


have  a  remedy  by  law,  if  wages  provided  for  by 
contracts  were  in  default,  although  prevented  from 
teaching  by  the  closing  of  the  schools.  (D  3993,  31 
Minn  3 19) 

//  the  enforced  vacation  extended  over  some  months, 
it  is  possible  that  the  teacher  might  be  expected  to  use 
due  diligence  to  find  other  employment.  (31  Neb 
501,  48  N  W  267) 


CHAPTER  VIII 
Trustees:  Teachers'  Wages 

The  amount  of  wages  must  be  clearly  stated.     (562) 
In  most   states  the  contract  is  invalid  unless  it 
names  the  wages.     (121  Mich  654,  68  N  W  483) 

A  contract  to  pay  "good  wages"  is  not  explicit  enough. 
(72  N  E  162) 

Unless  compensation  is  named  the  contract  does  not  hold. 
(68  S  W  483) 

A  teacher  in  Jackson  township,  Ind.,  made  a  contract 
with  the  trustee  to  teach  another  year,  but  no  agreement  was 
made  as  to  wages,  the  teacher  believing  he  was  to  have  the 
same  as  the  previous  year.  The  trustee  hired  another  teach- 
er. Held  that  as  there  was  no  agreement  or  compensation 
there  was  no  contract ;  there  is  a  distinction  between  agree- 
ing to  hire  and  hiring  a  teacher.  (60  Pac  1 100) 

Yet  in  Portland,  Ore.,  it  was  held  that  the  contract  is  not 
void  for  uncertainty  where  the  stipulation  for  salary  provides 
that  the  teacher  shall  receive  the  same  as  was  established  at 
that  date  for  like  services  by  the  actual  district  within  which 
the  city  was  situated.  (Coldwater  vs.  Dist.  No.  7,  1899.) 

Most  states  like  New  York  leave  the  trustees  un- 
restricted as  to  the  amount  of  salary  they  shall  pay 
the  teacher.  (195) 

In  some  states,  as  Cal.,  Tenn.,  Wy.,  women  teachers  must 
be  paid  the  same  salaries  as  men  for  like  work. 

Some  states,  like  N.  D.  and  W.  Va.  provide  that  the  salaries 
of  teachers  shall  be  graded  according  to  the  grades  of  their 
certificates. 

Several  states,  like  Pa.,  O.,  Ind.,  W.  Va.  have  fixed 
minimum  salaries. 

(114) 


District]  Extra  Pay  115 

In  some  states  extra  pay  is  provided  for,  principally 
on  the  following  grounds : 

For  instructing  non-resident  pupils. — This  would 
require  a  special  agreement  with  the  trustees.  (D 
3623) 

The  trustees  have  sole  authority  to  admit  pupils  or  to 
exclude  them,  and  the  teacher  must  instruct  the  pupils 
admitted.  This  applies  also  to  pupils  over  school  age. 

The  wrongful  exclusion  of  a  child  by  a  teacher  under  di- 
rection of  the  trustees  does  not  defeat  the  right  to  wages 
(26  Ohio  421) ;  whether  an  action  will  lie  against  a  teacher 
for  refusing  to  instruct  those  who  lawfully  come  to  him 
for  instruction,  or  whether  the  remedy  is  confined  to  an  appeal 
to  the  governing  board,  Judge  Cooley  says  (Torts,  p.  288)  is 
left  in  doubt  by  the  authorities,  though  he  thinks  it  action- 
able. 

For  instruction  in  outside  branches. — In  New  York 
public  school  teachers  are  not  allowed  to  furnish 
instruction  in  school  in  certain  branches  upon  payment 
of  tuition,  either  to  the  teacher  or  to  the  trustees. 
Public  schools  should  be  free  to  all  children  of  the 
district  to  receive  any  branch  of  instruction  for  which 
they  are  qualified.  (D  3764) 

Trustees  who  pay  a  fixed  salary  to  the  principal  are  not 
allowed  to  permit  him  to  share  in  receipts  from  the  teachers 
class.— 5.  B.  xxii.  3. 

In  Ky.  trustees  may  allow  a  teacher  as  part  of  his  com- 
pensation tuition  for  certain  branches.  (30  L  R  A  697) 

For  janitor  work. — While  the  teacher  cannot  be  com- 
pelled to  do  janitor  work,  on  the  other  hand  he  can- 
not be  paid  for  janitor  work  he  does  voluntarily, 
unless  so  agreed  in  the  contract.  S.  B.  xiv.  83. 

The  trustees  cannot  deduct  from  the  teacher's  wages  the 
amount  they  have  paid  for  janitor  work.  (D  2139) 


116       Trustees :  Teachers'  Wages          [Part  I 

Any  other  duties  upon  the  teacher  than  those  properly 
belonging  to  his  work  as  a  teacher,  such  as  sweeping  the 
schoolhouse,  must  be  expressly  stated  in  making  the  contract. 

The  teacher  cannot  be  compelled  to  do  janitor's  work  on 
the  ground  of  local  custom.  A  teacher  who  contracts  simply 
to  teach  a  school  for  a  given  number  of  months,  for  a  given 
sum,  is  under  no  obligation  to  cut  or  carry  in  the  fuel,  sweep 
the  schoolhouse,  or  make  the  fires.  It  is  as  much  the  duty 
of  the  trustees  to  have  these  things  done  (by  the  teachers  and 
pupils  if  they  volunteer  to  do  them,  or  by  paying  for  them 
otherwise)  as  it  is  to  furnish  a  broom  or  a  stove.  The  trustees 
have  no  power  to  compel  either  teacher  or  pupil  to  do  these 
things.  (D  4221,  4251) 

The  pay  of  any  teacher  employed  in  the  public 
schools  of  this  state  is  due  and  payable  at  least  as 
often  as  at  the  end  of  each  calendar  month  of  the 
term  of  employment,  and  this  must  be  stated  in  the 
contract.  (562, 567) 

(2  111  A  584,  49  Neb  755,  69  N  W  114,  72  Pac  408) 

A  teacher  who  has  not  been  paid  as  often  as  once 
each  month  during  the  term  of  employment  as  re- 
quired by  statute  is  entitled  to  interest  on  the  several 
monthly  payments  which  have  been  withheld,  from 
the  time  when  payable.  (D  3803) 

The  teacher's  wages  are  always  due  to  him,  and  in 
cash. 

Debts  on  notes  due  to  other  persons,  even  to  the  trustees, 
cannot  be  set  off  against  the  teacher's  wages.  The  money 
due  him  cannot  be  attached. 

(23  Am  R  661,  53  Am  R  878,  8  Bush  336,  54  Ind  501,  78  Ky  105.  116. 
542  R  A  566,  39  Mich  480,  80  Poe  533,  3  Sneed  379) 

In  New  York,  however,  his  wages  are  now  subject 
to  attachment  under  the  garnishee  law  of  1908. 


District]  Payment  117 

Even  though  he  is  a  minor,  the  teacher's  salary  must  be 
paid  to  him,  and  not  to  his  parent  or  guardian.  See  page  108. 

An  act  providing  for  the  deduction  of  a  percentage  from 
the  salaries  of  public  schoolteachers  to  provide  a  pension  fund 
for  their  benefit  is  held  to  be  unconstitutional  either  for  lack  of 
uniformity,  or  as  a  taking  of  private  property  from  one 
citizen  for  the  benefit  of  another.  A  rule  of  a  board  of 
education  providing  for  a  deduction  of  1%  from  the  salaries  of 
all  teachers,  to  be  paid  into  a  fund  for  the  purpose  of  provid- 
ing annuities  for  teachers  becoming  incapacitated  by  reason 
of  long  service  is  held  to  be  unauthorized  and  void.  (58 
L  R  A  663,  64  N  E  109,  91  N  W  430)  Compare  page  138. 

Contracts  which  involve  an  agreement  to  board 
with  the  trustee  or  to  board  around  cannot  be  en- 
forced. The  teacher  should  have  a  specific  sum  as 
wages,  be  paid  in  cash,  and  board  himself.  (D  3717) 

He  has  a  perfect  right  to  change  his  boarding-place  at  any 
time.  An  agreement  to  the  contrary  with  the  trustee  is 
illegal  and  void.  (D  3575) 

In  case  the  trustees  neglect  or  refuse  to  pay  the 
wages  due,  they  may  be  sued. 

The  trustees  are  a  quasi  corporation,  possessing  power  in 
this  and  for  this  purpose  to  bind  their  district,  and  to  create 
a  corporate  liability  which  will  attach  to  their  successors 
in  their  official  capacity. 

(3  Bush  255,  2  Greene  482,  68  111  154,  80  Ind  276,  96  Ind  105,  1  la  359, 
20  Me  154,  53  Mo  272,  30  Mo  A  113,  34  N  J  L  308,  23  N  Y  176,  3  Ore  365, 
43  Pa  St  318,  11  Pick  260,  5  Vr  308) 

A  teacher  is  entitled  to  a  writ  of  mandamus  to  compel  the 
trustees  to  pay  arrears  of  salary  due  him.  (34  N  J  L  308) 

He  has  his  option  to  bring  suit  to  recover  money,  or  pro- 
ceedings for  a  writ  of  mandamus  to  compel  its  payment. 
And  if  an  order  has  been  issued  to  him,  and  it  remains  un- 
paid, he  may  still  have  his  choice  of  remedies.  The  creditor 
of  a  corporation  is  not  restricted  to  mandamus  as  his  sole 
remedy.  (14  la  28) 


118  Trustees :  Teachers  Wages     [Part  I 

The  teacher  has  one  of  two  remedies  —  action  on  the 
contract,  (20  Me  154,  53  Mo  472,  43  Pa  St  318)  or  a  writ 
of  mandamus.  (14  la  28,  34  N  J  L  308)  Mandamus, 
and  not  an  action  for  money  had  and  received,  is  a  proper 
remedy  to  compel  a  clerk  of  the  school  district  to  pay  over 
money  in  his  hands  applicable  to  a  warrant  issued  in  favor 
of  a  teacher  for  salary.  The  funds  are  the  funds  of  the  dis- 
trict until  he  parts  with  the  custody  of  them.  (3  Ore  365) 

In  Mont,  judgment  must  not  be  issued  for  salary  when  district  admits 
the  claim  but  has  no  funds.  (61  Pac  250) 


CHAPTER  IX 
Trustees :  Dismissing  Teachers 

Unless  the  contract  specify  that  certain  grades  or 
subjects  shall  be  taught,  the  teacher .  must  accept 
whatever  grades  or  subjects,  within  his  capacity,  are 
assigned  by  the  trustees.  (D  3898) 

Unless  otherwise  stipulated,  where  there  are  several  schools 
in  the  district,  or  several  departments,  the  teacher  must  take 
any  one  assigned  to  her,  even  if  it  be  a  colored  school.  (11 
111  A  393) 

Under  a  complaint  by  a  school  teacher  to  recover  salary  based  upon  and 
alleging  a  full  compliance  with  the  terms  of  an  express  contract  to  teach  as 
assistant  principal  in  the  high  school  department,  where  the  evidence 
shows  that  she  has  materially  violated  its  provisions  in  refusing  to  teach 
certain  classes  assigned  to  her  by  a  new  and  recently  selected  principal  when 
possessing  the  scholastic  attainments  and  ability  to  do  so,  when  the  different 
members  of  the  board  frequently  endeavored  to  persuade  her  to  teach  said 
classes,  her  defence  being  that  neither  the  board  of  education  nor  the  prin- 
cipal of  the  school  had  power  to  modify  or  change  the  assignment  made  by 
a  forme:  principal  of  the  schools,  Held,  under  the  contract  it  was  the  duty 
of  plaintiff  as  assistant  principal  to  teach  such  classes  and  perform  such 
duties,  within  the  scope  of  her  employment,  as  the  principal  of  the  school 
might  reasonably  assign  or  direct,  and  where  plaintiff  had  wilfully  and  with- 
out justifiable  cause  failed  and  refused  to  perform  her  duties,  a  dismissal  was 
justifiable  and  no  recovery  could  be  had  for  salary  unearned. — Morrow  vs. 
Board  of  Education  City  of  Chamberlain,  So.  Dak..  Sup'r  Ct.,  Oct.  28,  1895. 

But  when  the  contract  specifies  certain  work  the 
teacher  can  not  be  compelled  to  do  different  work. 

Letha  Jackson  was  employed  by  the  school  authorities  of 
Steamboat  Rock,  la.,  to  teach  34  weeks  from  Sept.  7,  1896. 
She  was  discharged  Nov.  9,  but  offered  a  place  in  a  higher 
department  at  the  same  salary.  The  court  holds  that  when 
a  servant  is  wrongfully  discharged,  he  cannot  be  bound  to 
accept  new  employment  from  the  same  master,  unless  (1)  to 
work  in  the  same  general  lines  as  that  of  the  first  employment, 

(111) 


120     Trustees :  Conditions  of  Contract  [Part  I 

and  (2)  the  offer  is  made  in  such  a  manner  that  it  will  not 
amount  to  a  modification  of  the  original  contract.  It  does 
not  appear  that  the  offer  was  so  made  that  plaintiff  could 
accept  it  without  modifying  her  original  agreement.  Judg- 
ment for  plaintiff  affirmed  in  supreme  court.  (81  N  W  596) 

A.  J.  Jones,  hired  as  principal  of  high  school  and  to  teach 
9th,  10th,  and  llth  grades,  refused  to  take  also  8th  grade  and 
was  discharged.  Held  that  he  could  not  be  compelled  to 
take  8th  grade,  and  was  not  legally  discharged.  State  Sup't 
R.C.Barrett,  la.,  May  12,  1899.  (Midland Schools  July,  1900.) 

Under  the  political  code,  boards  of  education  in  cities  can 
remove  a  teacher,  "when  elected",  only  for  the  violation  of 
the  rules  of  the  board  of  education  or  for  incompetency,  or 
unprofessional  or  immoral  conduct,  especially  where  the  time 
of  employment  is  not  fixed  by  contract.  The  clause  in  the 
code  prohibiting  the  removal  of  a  teacher  without  cause 
applies  to  previously  elected  teachers  and  is,  violated  by  re- 
moving a  teacher  to  a  lower  grade.  So  held  by  the  California 
supreme  court  in  Kennedy  vs.  San  Francisco  Board  of  Educa- 
tion, 

Especially  is  it  true  that  a  change  of  grade  must  not 
involve  any  reduction  in  salary,  which  would  be 
equivalent  to  a  discharge  and  allowable  only  for  the 
same  reasons.  (50  N  Y  473,  67  How  Pr  372)  See  page 
125. 

Katharine  R.  Callahan,  appointed  in  June,  1900,  to  6th 
grammar  grade,  and  in  Sept.  put  into  4th  grade  at  $150  a 
year  less,  was  entitled  to  the  6th  grade  position,  and  could 
not  be  removed  and  placed  in  a  lower  position.  (66  N  E  674) 

Whether  specified  or  not,  teachers  are  by  law  re- 
quired to  fill  the  blanks  in  the  school  register,  to 
preserve  it,  to  verify  its  correctness  by  oath,  and  to 
deliver  it  to  the  district  clerk.  (D  3838) 

Teachers  must  keep,  prepare  and  enter  in  the  books 


District]  School  Register  121 

provided  for  that  purpose,  the  school  lists  and  ac- 
counts of  attendance  hereinbefore  mentioned,  and  be 
responsible  for  their  safekeeping  and  delivery  to  the 
clerk  of  the  district  at  the  close  of  their  engagements 
or  terms.  (557,  61  Pac  1193) 

Each  teacher  must,  by  his  oath  or  affirmation, 
verify  his  entries  in  the  school  register  provided  by 
the  education  department,  and  the  entries  constitute 
the  school  lists  from  which  the  average  daily  attend- 
ance shall  be  determined.  Such  oath  or  affirmation 
may  be  taken  by  the  district  clerk  or  trustee,  but 
without  charge.  (558) 

A  teacher  is  not  entitled  to  his  salary  for  the  last  month  of 
a  term  until  he  has  so  made  and  verified  such  entries  and  the 
trustees  must  not  draw  on  the  supervisor,  collector,  or  treas- 
urer for  any  portion  of  his  salary  for  such  month  until  such 
oath  or  affirmation  has  been  made.  (558) 

This  obligation  upon  teachers  is  practically  universal. 
(2  Allen  592,  4  Cush  599,  6  Post  470,  3  111  A  349, 
20  111  511,  77  111  628,  78  111  A,  390,  107  Ind  351,  30 
La  Am  607,  43  Md  449,  30  Mich  249,  35  Neb  1,  57  Neb 
188,  26  N  H  470,  52  N  W  710,  77-N  W  62,  21  Vt  957, 
35  Vt  623,  5  West  684) 

La.  imposes  a  fine  of  $2  for  failure  to  furnish  report. 
Texas  and  N.  M.  impose  a  fine  of  not  less  than  $25  or  more 
than  $500. 

If  the  register  be  lost  through  carelessness  the  teacher  is 
entitled  to  no  pay  for  his  services,  and  from  this  duty  the 
trustees  have  no  right  to  excuse  him.  (2  Allen  592,  6  Post 
470,  26  N  H  470,  35  Vt  623,  41  Vt  353) 

He  may  draw  pay  if  he  can  make  oath  that  it  was  correctly 
kept,  but  lost  or  stolen  through  no  fault  of  his ;  and  trustees 
may  permit  the  teacher  to  fill  up  the  blanks  afterward,  if  the 


122    Trustees :  Conditions  of  Contract    [Part  I 

district  do  not  thereby  lose  its  public  money.  (D  1713,  2523) 
In  Vt.  the  fact  that  a  teacher  who  had  been  dismissed 
carried  off  the  register,  but  returned  it  to  the  district  clerk 
before  bringing  suit  for  wages  did  not  defeat  recovery  of 
wages.  (41  Vt  353) 

For  special  registry  under  the  compulsory  law  see 
page  193. 


CHAPTER  X 
Trustees:  Dismissing  Teachers 

Any  failure  on  the  part  of  a  teacher  to  complete  an 
agreement  to  teach  a  term  of  school  without  good 
reason  therefor  is  deemed  sufficient  ground  for  the 
revocation  of  the  teacher's  certificate.  (563)  See 
page  136. 

The  enforcement  of  this  provision  rests  in  the  judgment  of 
the  commissioner  of  education.  S.  Jennie  Townsend  was 
teacher  of  music  and  oratory  in  Warwick  during  the  year 
ending  July  31,  1904.  In  April  she  signed  a  contract  to 
remain  another  year.  On  July  13  she  telegraphed  them  her 
resignation.  One  member  replied  that  only  three  members 
of  the  board  were  in  town  and  that  he  would  write  to  her 
later.  Assuming  that  she  would  be  released  she  accepted 
another  position  at  a  higher  salary,  and  notified  the  Warwick 
board.  On  July  28  they  wrote  her  that  she  had  broken  her 
contract,  and  filed  petition  to  the  commissioner  of  education 
to  revoke  her  certificate.  Commissioner  Draper  decided: 
"The  teacher  did  wrong  in  accepting  a  more  desirable  offer 
before  being  released  from  a  prior  engagement  which  she  had 
made.  But  the  temptation  was  too  much  for  her.  She  made 
the  effort  to  secure  release.  She  was  not  met  with  immediate 
refusal,  or  with  decisive  action  of  any  kind,  and  she  pre- 
sumed upon  a  very  common  usage  of  trustees  to  grant  re- 
lease in  such  cases  rather  than  to  endure  the  consequences  of 
disappointment.  Doubtless  teachers  ought  to  be  required 
to  abide  by  business  contracts  as  sharply  as  other  people, 
and  women  teachers  as  much  as  men  teachers.  It  is  difficult 
to  do  it,  but  if  it  was  a  question  of  enforcing  or  assuring  the 
results  of  a  contract  the  commissioner  would  try  to  do  it. 
But  that  is  not  it.  He  is  asked  to  punish  a  woman  teacher 
for  a  fraility.  He  will  do  it  to  the  extent  of  telling  her  she 

(123) 


124     Trustees :  Dismissing  Teachers     [Part  I 

did  wrong  and  must  not  repeat  the  offence,  but  he  must 
decline  going  to  the  length  of  revoking  her  certificate  and 
putting  a  dark  mark  upon  her  life." 

No  teacher  may  be  removed  during  a  term  of 
employment  unless  for  (1)  neglect  of  duty,  (2)  inca- 
pacity to  teach,  (3)  immoral  conduct,  or  (4)  other 
reason  which,  when  appealed  to  the  commissioner  of 
education,  shall  be  held  by  him  sufficient  cause  for 
such  dismissal.  (566) 

A  teacher  once  employed  cannot  be  dismissed  dur- 
ing the  period  of  the  contract  except  for  cause.  (D 
3864, 3865,  4195) 

(10  Barb  290177  111  628,  2  111  A  458,  95  111  A  250,  96  111  A  604,  5  Lea  525, 
3  Me  450,  55lMo"l49,[50  Neb  171,  69  N  W  772,  95  Pac  892,  1123,  51  Wis  554) 

A  teacher  doutbless,  like  a  lawyer,  surgeon,  or  physician, 
when  he  undertakes  an  employment  implicitly  agrees  that  he 
will  bestow  upon  the  service  a  reasonable  degree  of  learning, 
skill,  and  care.  When  he  accepts  an  employment  as  teacher 
in  any  given  school,  he  agrees  by  implication  that  he  has  the 
learning  to  enable  him  to  teach  the  branches  to  be  taught 
therein,  as  well  as  that  he  has  the  capacity  in  a  reasonable 
degree  of  imparting  that  learning  to  others.  He  agrees, 
also,  that  he  will  exercise  a  reasonable  degree  of  care  and 
diligence  in  the  advancement  of  his  pupils  in  their  studies, 
in  preserving  harmony,  order,  and  discipline  in  the  school, 
and  that  he  will  conform  himself  as  near  as  may  be  to  such 
reasonable  rules  and  regulations  as  may  be  established  by 
competent  authority  for  the  government  of  the  school.  He 
also  agrees,  as  we  think,  by  a  implication,  that  while  he  con- 
tinues in  such  employment  his  moral  conduct  shall  be  in  all 
respects  exemplary  and  beyond  just  reproach.  (88  111  563, 
42  Ind  200,  38  Vt  529) 

Where  a  teacher  entered  into  contract  in  her  maiden  name 
four  days  after  she  was  married,  concealing  the  fact  that  she 


District]         Cause  must  be  Shown  125 

was  married  though  she  knew  the  trustee  would  not  hire  a 
married  teacher,  it  was  held  that  the  trustee  had  the  right  to 
break  the  contract  on  the  ground  of  misrepresenation. 
(62NE711) 

In  New  York  the  cause  must,  if  appeal  is  taken, 
seem  sufficient  to  the  commissioner  of  education. 
The  burden  is  upon  the  trustees  to  show  cause  by 
preponderance  of  proof.  (566,  D  4244) 

The  Colorado  court  of  appeals  holds  that  the 
teacher  is  not  an  officer  but  an  employee,  and  may  be 
summarily  discharged.  (46  Pac  846) 

In  some  states  this  is  still  true;  it  is  entirely  a 
matter  of  statute  law.  (88  Wis  7)  Seepage  119. 

Before  the  consolidation  New  York  city  and 
Brooklyn  teachers  could  be  removed  arbitrarily  and 
without  trial.  (66  N  E  675,  80  N  E  1116) 

The  present  law  in  the  Greater  New  York  requires  charges 
to  be  preferred,  a  formal  trial  held,  and  in  case  of  conviction 
punishment  inflicted  by  a  fine,  suspension  for  a  fixed  time 
without  pay,  or  dismissal.  (64  N  E  675) 

The  causes  are  gross  misconduct,  insubordination,  neglect 
of  duty,  and  general  inefficiency.  (66  N  E  677) 

Reassignment  from  one  grade  to  another  is  practically  a 
removal  from  one  and  an  appointment  to  the  other,  and  may 
be  done  only  in  hearing  as  above.  (66  N  E  677)  See  page 
119. 

But  teachers  may  be  discharged  from  service  in  evening  high  schools 
when  not  needed.  (66  N  E  677) 

On  Dec.  23,  1903,  Ella  M.  Queen,  teaching  in  St.  Georges 
county,  Md.,  wrote  to  the  board  that  she  was  to  be  married 
Dec.  26,  but  could  continue  to  teach  till  June  15.  On  June  9 
she  wrote  to  each  of  the  trustees  that  if  satisfactory  to  them 
she  could  teach  another  year.^On  Aug.  13  the  trustees  wrote 


126     Trustees :  Dismissing  Teachers      [Part  I 

her  that  her  resignation  was  accepted  and  appointed  another 
teacher.  She  appealed  to  the  county  board,  which  ruled 
that  her  letters  did  not  constitute  a  resignation,  whereupon 
the  local  board  wrote  her  a  letter  about  Sept.  9,  saying  her 
services  would  not  be  required  after  Oct.  10.  She  asked  rea- 
sons for  her  removal  and  they  replied,  "We  believe  it  will  be 
for  the  best  interest  of  the  school,"  giving  no  other  reason. 
She  appealed  to  the  state  board,  which  ruled  that  this  was  not 
sufficient  reason,  and  on  Jan.  18  Miss  Quinn,  now  Mrs.  Nal- 
ley,  took  forcible  possession  of  the  school  against  the  protest 
of  Miss  Polhemus,  who  had  been  appointed  in  her  place. 
Ruled  that  Mrs.  N alley  did  not  resign,  that  the  reasons  for 
her  removal  were  insufficient,  and  she  continued  to  be  teacher, 
and  her  salary  must  be  paid.  (63  Atl  224) 

In  Indiana  the  Lafayette  school  board  contracted  with  a 
teacher  with  the  right  reserved  to  dismiss  her  upon  two  weeks 
notice,  and  dismissed  her  two  weeks  before  her  service  was  to 
begin.  This  was  held  to  be  illegal.  (46  N  E 10 16) 

The  directors  of  a  school  employing  13  teachers  having 
determined  to  reduce  the  number  for  the  ensuing  year  to  12, 
passed  a  resolution  that  all  whose  terms  expired  be  employed 
for  the  ensuing  year  subject  to  right  of  the  board  to  relieve 
one  of  them.  All  accepted.  Court  held  that  one  could  not 
be  removed  by  resolution  of  the  board  asking  her  to  resign. 
(Kennedy  vs.  Dist.  No.  1,  Wash.  S.  C.,  Dec.  20,  1898) 

A  teacher  contracted  for  three  months,  with  option  to, 
teach  the  school  year  if  satisfactory.  She  remained  a  second 
three  months  and  was  then  discharged,  but  recovered  full 
wages.  (69  N  W  772) 

A  Tennessee  board  stamped  across  the  face  of  a  contract, 
"The  directors  reserve  the  right  to  annul  all  contracts  every 
fourth  month."  It  was  held  to  be  beyond  their  power  to 
dismiss  a  teacher  within  the  year  except  for  incompetence, 
improper  conduct,  or  inattention.  (37  S  W  277) 


District]       Trustees  have  the  Power  127 

The  annulment  of  the  license  dissolves  all  contracts 
entered  into  by  virtue  of  its  sanction,  but  until  the 
license  is  revoked,  the  trustees  are  not  bound  to 
retain  a  teacher  obnoxious  to  the*  district  through 
immorality,  incapacity  or  inefficiency.  D  4339,  4349, 
4355) 

(43  Hun  537,  57  Hun  33,  6  Neb  167,  42  Neb  127,  49  Neb  759,  50  Neb  174, 
60  N  W  34,  69  N  W  114,  772,  50  Pac  421) 

This  would  be  subversive  of  the  principles  pertaining  to 
the  essential  nature  of  contracts.  It  cannot  be  supposed 
that  in  case  a  charge  of  gross  immorality,  specifically  urged, 
carrying  with  it  a  strong  presumption  of  its  truth,  were 
brought  against  a  teacher,  the  trustees  must  wait  for  the 
tedious  delay  of  a  formal  hearing  before  a  commissioner, 
and  abide  the  event  which  may  be  determined  through  in- 
sufficiency of  evidence,  while  the  moral  conviction  of  the 
truth  of  the  charges  preferred  it  still  strong  and  abiding. 
The  presence  among  pupils  of  a  teacher  against  whom  such 
suspicion  should  rest,  must  of  itself,  from  the  suggestions 
to  which  it  would  give  rise,  promote  conditions  of  mind 
opposed  to  the  development  of  virtue  and  purity  of  the  heart. 

This  consideration  alone  would  justify  the  trustees  in  a 
summary  dismissal  of  the  teacher.  This,  to  be  sure,  is  an 
extreme  case,  but  it  is  sufficient  to  illustrate  and  to  establish 
the  principle  advanced,  that  the  trustees  may  be  justified  in 
the  discharge  of  a  teacher  before  the  close  of  the  term 
specified  in  his  contract.  In  determining  what  constitutes 
such  justification,  it  is  difficult,  not  to  say  impossible,  to 
establish  uniform  rules.  (730) 

Officers  employed  for  fixed  terms  may  always  be  removed 
in  case  of  misbehavior  or  other  supervening  unfitness.  (7 
Gray  33,  3  Mass  160,  5  Pick  469,  16  Pick  274,  24  Pick  281) 

The  power  to  dismiss  the  teacher  rests  with  the 
trustees.  For  an  abuse  of  their  discretion,  or  an 


128     Trustees :  Dismissing  Teachers     [Part  I 

unwarranted  exercise  of  their  authority,  they  are  of 
course  responsible. 

Mo.  directors  have  no  power  to  dismiss  a  teacher  for  in- 
competency  or  immorality.  That  power  is  given  by  statute 
to  the  county  school  commissioner.  (19  Mo  462  For  disad- 
vantages of  this  see  159  Mo  299) 

On  complaint  of  the  person  sustaining  what  he  considers  a 
grievance  or  wrong,  the  issue  becomes  one  of  fact,  and  it 
devolves  upon  the  trustees  to  show  by  evidence  that  the 
teacher  lacked  the  character,  the  ability,  or  the  will  essential 
to  a  proper  discharge  of  his  duties,  and  that  he  failed  thus 
to  fulfil  the  obviously  implied  conditions  of  his  contract. 
(730) 

If  teacher  is  hired  "during  the  satisfaction  of  the  dis- 
trict", the  trustees  are  the  sole  judge.  (26  111  A  379,  81  111 
A  304) 

But  where  the  teacher  is  hired  by  the  trustee  for  a  definite 
period  the  mere  fact  of  dissatisfaction  on  their  part,  or  that 
of  the  inhabitants,  is  not  sufficient  to  justify  the  discharge 
of  a  teacher.  The  tribunal  before  whom  the  action  is 
brought,  as  a  court,  a  jury,  or  the  superintendent,  are  the 
constituted  judges  of  fact,  and  will  determine,  from  the 
evidence  presented,  whether  the  incompetence  of  the  teacher, 
as  resulting  from  ignorance  or  indifference,  is  fully  proved, 
and  hence  his  discharge  upon  the  ground  of  a  violated  con- 
tract clearly  justified. 

In  the  case  here  presented,  the  trustees  offer  evidence 
bearing  upon  the  management  and  general  deportment  of 
the  appellant  in  the  school-room,  and  his  intercourse  with 
his  pupils,  tending  to  show  disregard  of  the  proprieties  and 
courtesies  incident  to  his  position.  Trifling  and  irrelevant 
conversation,  oft  indulged  and  long  continued  with  pupils; 
prying  and  impertinent  questions  in  regard  to  domestic  affairs; 
low,  and  at  the  least  suggestively  vulgar,  remarks  to  the  older 
female  pupils ;  rude,  boisterous,  and  harsh  language,  as  a  means 
of  or  substitute  for  discipline,  are  alleged  and  proved  by  the 


District]      Cause  must  be  Sufficient  129 

testimony  of  his  pupils,  with  a  circumstantial  minuteness 
that  requires  emphatic  denial  or  plausible  explanation  to 
invalidate  or  palliate. 

The  appellant  has  failed  to  meet  the  issue.  It  is  proper  and 
just  to  remark,  that  the  justification  of  the  trustees  does  not 
proceed  from  any  alleged  or  proved  inability  or  immorality 
of  the  appellant;  his  literary  qualifications  and  his  moral 
character  stand  unimpeached,  and,  it  is  to  be  hoped,  unim- 
peachable. But  his  inefficiency  appears  to  have  been  the 
result  of  gross  negligence  and  indifference — a  debilitated  will, 
rather  than  of  inherent  depravity  or  defective  scholarship, 
a  fault  which  it  is  earnestly  hoped  the  wholesome  practical 
discipline  of  this  experience  will  serve  to  eradicate. 

Under  the  view  of  the  case  as  above  presented,  therefore 
I  must  decline  to  interfere  with  the  action  of  the  trustees 
and  hold  that  they  have  presented  a  sufficient  justification 
therefor.  (830} 

The  teacher  may  be  dismissed  for  unjustifiable  severity  of 
punishment  (73?) ,  but  not  for  mere  difference  of  opinion  from 
the  trustee  as  to  discipline.  (732) 

In  New  York  the  cause  must,  if  appeal  is  taken, 
seem  sufficient  to  the  commissioner  of  education. 
(566) 

The  burden  is  upon  the  trustees  to  show  cause  by  prepon- 
derance of  proof.  (D  4244) 

It  is  not  expected  that  there  will  be  the  same  formal  strictness  required 
in  court  as  to  evidence.  (3  Hun  177) 

If  trustees  will  employ  teachers  with  sufficient  caution, 
without  previous  acquaintance  or  inquiry,  they  must  not  rely 
upon  the  Department  to  relieve  them  from  their  unwise  con- 
tracts, and  particularly  so  when  the  most  that  can  be  said 
against  a  teacher  so  employed  is,  that  she  lacks  tact  and 
management,  or  talks  offensively  under  opposition  and 
criticism.  (D3510) 

Some  states  confer  upon  trustees  the  power  to  dismiss 
teachers  on  their  own  judgment,  without  assigning  a  specific 
cause.  (176  111  620,  95  111  A  250,  3  Pick  379)  See  page  125. 


130     Trustees :  Dismissing  Teachers      [Part  I 

The  Mass,  school  law  says:  "It  will  often  happen  that  a  committee  may 
be  in  possession  of  sufficient  reasons  to  justify  the  dismissal  of  a  teacher, 
and  yet  a  wise  public  policy  would  avoid  a  disclosure  of  them.  Experience 
has  proved  that  this  power  is  not  liable  to  abuse.  Committees  are  reluctant 
to  take  upon  themselves  the  responsibility  of  dismissing  a  teacher,  except 
in  extreme  cases." 

The  following  is  an  English  view: 

"For  there  may  be  causes  which  render  a  man  altogether  unfit  to  con- 
tinue to  be  a  schoolmaster,  which  cannot  be  made  the  subject  of  a  charge 
before  a  jury,  or  otherwise  of  actual  proof.  A  general  want  of  reputation 
in  the  neighborhood,  the  very  suspicion  that  he  has  been  guilty  of  the 
offences  stated  against  him,  the  common  belief  of  the  truth  of  such  charges 
amongst  the  neighbors  might  ruin  the  well-being  of  the  school,  if  the  mas- 
ter were  continued  in  it,  although  the  charge  itself  might  be  untrue,  and  at 
all  events  the  proof  of  the  facts  themselves  insufficient  before  a  jury." 
(6  Q  B  682) 

In  an  action  for  services,  evidence  "that  the  said  plaintiff 
was  incompetent  to  manage  the  said  school;  that  she  was 
unreasonable  in  her  requirements  of  the  scholars  in  said  school ; 
and  was  uneven  in  her  treatment  of  them,  and  partial  and 
abusive  in  her  treatment  of  certain  ones  in  said  school,  and 
that  she  failed  in  all  respects  as  a  teacher  of  said  school," 
was  admissible.  (38  Vt  529) 

The  dismissal  of  a  teacher  is  business,  and  must  be 
done  at  a  regular  or  special  meeting  of  the  trustee. 

The  teacher  must  not  be  discharged  without  notice, 
and  a  chance  to  defend  himself.  (D  3510) 

(5  Lea  691,  10  Lea  525,  29  Mass  244) 

A  decision  by  the  state  sup't,  on  appeal  from  the  county 
sup't,  that  a  teacher  was  wrongfully  discharged,  is  final  and 
conclusive,  even  if  based  on  the  fact  merely  that  the  teacher 
was  not  given  an  opportunity  to  be  heard,  and  not  on  the 
merits.  (Jackson  vs.  Ind,  Sch.  Distc.,Ia..  1905) 

Where  a  teacher  is  dismissed  by  a  board  during  the  term 
of  employment  without  an  opportunity  to  be  heard  and  with- 
out sufficient  cause,  such  teacher  is  entitled  to  receive  pay  for 
the  balance  of  his  or  her  term  of  employment,  and  such 
dismissal  is  unlawful,  invalid,  and  void.  (D  4294) 


District]  Sufficient  Cause  131 

Where  a  teacher  is  discharged  without  hearing  and  subse- 
quently appears  before  the  board  and  asks  to  be  heard  and  is 
heard,  he  waives  irregularity  in  the  action  of  the  board 
prior  to  the  hearing.  (50  Pac  R  421) 

The  principal  causes  that  warrant  the  annulment 
of  the  license  (see  pages  89-95)  still  more  warrant 
the  dismissal  of  a  teacher,  which  is  a  lighter  punish- 
ment. 

Of  course  the  punishment  of  a  teacher  for  not  attending 
institute,  not  keeping  engagement,  or  falsifying  register  is 
not  within  the  power  of  the  trustees,  but  only  of  the  com- 
missioner of  education. 

Immorality  is  sufficient  cause.  (566,  D  4294)  See 
page  90. 

N53  Ark  468,  36  111  71,  28  Kan  345,  30  Kan  268,  15  Mo  A  362,  6  Neb  167 • 
50  Wis  657.  51  Wis  554) 

The  Iowa  school  law  says:  "By  universal  consent,  and 
certainly  by  the  spirit  of  our  school  law,  it  is  expected  of 
teachers  that  they  refrain  from  improper  language,  keep  the 
Sabbath  day  with  respect,  and  in  every  other  way  avoid 
practices  or  company  that  are  demoralizing  in  their  ten- 
dencies." 

It  is  not  essential  that  a  teacher  be  convicted  of  crime. 

Good  reputation  is  essential  to  the  greatest  usefulness  of  a 
teacher.  (13  Mass  248) 

The  pendency  of  an  indictment  for  adultery  is  sufficient 
cause  for  discharge.  (170  Mass  289) 

It  was  held  in  the  Montana  supreme  court  Sept.  17,  1897, 
that  where  trustees  dismiss  a  teacher  for  immorality  and 
afterward  find  him  innocent  and  reinstate  him,  he  cannot 
recover  for  the  time  lost. 

Voluntary  bankruptcy  is  held  in  Colorado  to  be  sufficient 
reason  for  discharge,  but  this  is  not  the  law  in  New  York.  In 
1909  two  principals  of  New  York  schools  became  voluntary 
bankrupts. 


132     Trustees :  Dismissing  Teachers      [Part  I 

Incapacity  to  teach  is  specified  as  a  cause  for  dis- 
missal. (566) 

But  it  must  be  marked  to  justify  this  action. 
(36  111  71,  2  111  A  458, 17  111  A  397,  55  Mo  149,  38  Vt  529) 

After  a  teacher  has  obtained  a  certificate,  been  employed, 
and  entered  upon  his  duty,  he  should  not  be  discharged  with- 
out the  clearest  proof  of  his  incompetency  or  palpable  neglect 
of  duty,  in  default  of  which  on  the  part  of  the  trustees 
inferior  courts  should  find  for  the  teacher.  The  testimony 
of  the  pupils  as  to  the  teacher's  fidelity  is  to  be  received  with 
much  caution,  and  occasional  or  trifling  errors  in  recitation, 
or  inaccuracies  in  scholarship,  or  casual  laxity  in  discipline, 
or  tardiness  of  action,  or  failure  to  secure  the  rapid  advance- 
ment of  particular  scholars — these  things,  whether  alleged  or 
real,  are  inconsequential  when  weighed  against  the  favorable 
presumption  warranted  by  the  possession  of  a  legal  certifi- 
cate, and  the  evidence  of  general  success  and  fidelity.  (36 

in  7i) 

One  decision  of  the  Education  department  upon  an  appeal 
against  dismissal  reads  thus:  "The  incompetency  of  the 
appellant  I  do  not  think  so  conclusively  proved  as  to  sustain 
the  presumption  of  a  non-fulfilment  of  contract  by  him, 
though  from  the  testimony  on  both  sides  I  am  disposed  to 
rate  him  considerably  below  the  grade  of  a  first-class  teacher. 
Still,  the  trustees  can  hardly  expect  to  get  all  the  manly  and 
scholarly  virtues  for  $15  a  month;"  and  the^appeal  was 
sustained. 

Again:  "After  having  taught  9  weeks  and  2  days,  she  was 
discharged  on  the  ground  that  she  failed  in  government. 
This  the  teacher  denies,  testifying  that  she  had  no  trouble 
except  with  one  young  man,  16  years  old,  who  was  vicious, 
profane  and  exceedingly  troublesome.  She  called  upon  the 
trustees  to  aid  her  in  governing  him,  but  without  avail.  She 
had  taught  several  terms  before,  successfully.  Held,  that  the 
trustees  should  have  sustained  the  teacher,  removing  the  pupil 


District]  Sufficient  Cause  133 

if  necessary;  and  that  the  discharge  was  illegal."  (D  3678) 
See  pages  148- 155. 

A  teacher  will  not  be  reinstated  when  it  appears  from  her 
own  statements  that  she  was  clearly  unable  to  maintain 
discipline  in  the  school.  (D  5308) 

Barnard  Maurice,  teacher  of  French  in  the  Central  high 
school,  Philadelphia,  was  dismissed  July  11,  1899,  and  brought 
suit  against  Principal  Thompson  for  crowding  Maurice's  room 
beyond  its  capacity  to  produce  disorder.  He  was  nonsuited. 

In  Missouri  the  power  to  dismiss  for  incompetency  rests 
with  the  school  commissioner.  (19  Mo  A  462) 

Neglect  of  duty  is  the  third  cause  specified  in  the 
New  York  law.  (566,  10  Lea  219) 

Tardiness  is  sufficient.     (36  111  71,  93  111  A  499) 

Cruelty  is  ample  cause. 

As  to  where  the  line  is  drawn  between  cruelty  and 
a  justifiable  maintenance  of  authority,  see  what  is 
said  of  corporal  punishment. 

For  inflicting  unjustifiably  severe  punishment  upon  pupils 
for  comparatively  slight  offences,  the  teacher  should  be 
discharged  as  either  incompetent  to  fulfil  his  duties  properly 
as  a  teacher,  or  as  wilfully  regardless  of  them.  (D  1793,3863) 

Insubordination  is  sufficient  cause.     (17  111  A  386) 

The  board  of  education  of  the  village  of  Millport  appealed 
to  the  Department  to  remove  Principal  Harris  Wickham  for 
insubordination,  specifying  that  he  began  school  contrary 
to  their  directions,  refused  to  permit  them  to  clean  the 
building,  undertook  to  have  the  members  arrested  when  they 
tried  to  clean  or  repair  the  building,  refused  to  meet  the  board 
for  the  transaction  of  business,  exchanged  text-books  against 
their  wishes,  received  non-resident  pupils  without  their  know- 
ledge, and  was  inefficient  in  discipline.  Mr.  Wickham  made 
no  reply  to  these  charges,  but  claimed  that  the  Department 
could  not  remove  him  except  by  revoking  his  license  to  teach. 
In  this  he  is  sustained.  The  charge  is  not  of  immoral  conduct 


134     Trustees :  Dismissing  Teachers      [Part  I 

or  of  mental  incapacity.  //  the  charges  are  true  the  board 
might  remove  him  for  insubordination,  in  which  case  he  would 
have  the  right  to  appealj  that  the  truth  or  falsity  of  the 
charges  might  be  established.  (D  3565) 

If  this  charge  involves  a  question  of  veracity,  the  burden 
of  proof  is  on  the  trustees.  Thus  where  Sup't  Sheldon  J. 
Pardee  of  Long  Island  City  swore  to  one  thing  and  Principal 
Peter  E.  Demarest  to  the  opposite,  the  state  superintendent 
preferred  to  take  Mr.  Demarest's  word,  as  appears  in  the 
following  decision : 

"The  respondent's  charge  of  insubordination  seems  to  be 
based  upon  the  allegation  contained  in  the  affidavit  of  Mr. 
Pardee  that  the  appellant  did  not  recognize  the  authority  of 
Pardee  as  superintendent  of  schools,  or  to  read  the  resolution 
passed  by  respondents  on  January  24,  1893,  hereinbefore 
mentioned.  Pardee  avers  a  copy  was  given  to  the  appellant 
and  the  appellant  avers  it  was  not  delivered  to  him.  The 
affirmative  is  upon  the  respondents  to  establish  the  allegation 
of  Pardee,  and  in  this  the  respondents  have  failed."  (D4195) 

Bribery  or  agency  is  in  many  states  a  specified  cause. 

Teachers  are  forbidden  to  have  any  pecuniary  interest, 
directly  or  indirectly,  in  supplying  books,  maps,  school 
furniture,  and  apparatus  to  the  schools  of  the  State,  or  to 
act  as  agent  for  any  author,  publisher,  bookseller,  or  dealer 
in  any  such  school  furniture  or  apparatus,  or  directly  or 
indirectly  receive  any  gift,  emolument,  reward  or  promise  of 
reward,  for  his  influence  in  recommending  or  procuring  the 
use  of  any  book,  map  or  school  apparatus,  or  furniture  of 
any  kind  in  any  public  school  of  this  state.  The  Tenn.  law 
requires  that  any  teacher  who  shall  violate  this  provision, 
besides  being  removed  from  his  post,  shall  be  subject  to  a 
penalty  of  not  less  than  $200  nor  more  than  $500  and  shall 
be  guilty  of  misdemeanor. 

New  York  places  a  similar  restriction  upon  school  com- 
missioners, and  upon  school  officers.  (315) 

Va.  makes  a  special  concession  to  authors:  "Exceptions 
to  the  requirements  of  this  section  may  be  made  by  the  board 


District]  Sufficient  Cause  135 

of  education,  in  the  case  of  a  school  officer  being  the  author 
of  school  books  or  maps,  or  the  inventor  of  school  furniture 
or  apparatus,  in  which  case  the  board  of  education  may,  at 
its  discretion,  make  specific  arrangements  whereby  such  school 
officer  may,  if  his  book  or  invention  be  adopted  by  proper 
authority,  enjoy  the  profit  of  the  proceedings  thereof  without 
offence:  provided,  that  no  unfair  advantage  be  allowed  over 
other  competitors  in  securing  the  adoption  of  the  book  or 
invention." 

The  Tenn.  law  of  1899  permits  school  officers  to  act  as 
agents  for  their  own  publications. 

In  some  cities  of  New  York,  like  New  York,  Buffalo, 
and  Syracuse,  where  text-books  written  by  the  superintendent 
are  used  in  the  schools  of  the  city,  the  copyright  received  by 
them  is  turned  over  to  the  city. 

Closing  school  without  consent  of  the  trustees, 
even  for  a  single  school  day  is  sufficient  cause.  (D 
3782,88111563) 

(88  111  563,  42  Ind  200,  53  la  187,  46  la  1053,  48  la  82,  16  Me  184,  6  Neb 
167,  41  N  J  L  312) 

Of  course  a  teacher  must  do  his  teaching  in  the  schoolhouse. 
(30  Me  641) 

Consent  of  the  trustees  must  be  official,  at  a  meet- 
ing regularly  called.  (D  1751,  3  Tenn  175) 

The  trustees  are  to  provide  the  substitute.  The 
teacher  can  furnish  substitute  only  by  permission  of 
the  trustees.  (D  4003,  88  111  563) 

The  substitute  must  be  licensed  (see  page  80) ;  and  some 
states  require  that  the  license  should  be  of  the  same  grade  as 
that  of  the  absent  teacher. 

Even  if  the  schoolhouse  is  locked  against  him.  if 
the  teacher  goes  away  without  applying  to  the 
trustees  for  admission,  he  abandons  his  contract. 


136     Trustees :  Dismissing  Teachers      [Part  I 

He  must  make  every  reasonable  effort  to  continue  the 
school. 

A  teacher  voluntarily  giving  up  the  school,  even  at  the 
request  of  the  trustees,  can  recover  only  for  the  time  actually 
taught.  (24  Me  Ap  250) 

On  the  other  hand,  a  teacher  dismissed  for  cause  who  took 
forcible  possession  of  the  schoolhouse  and  continued  to  teach 
could  not  recover  wages.  (61  Ga  477) 

If  he  abandons  his  contract  without  justifiable 
reason,  he  cannot  recover  for  time  already  taught. 
(27  Vt  646,  29  Vt  219)  Compare  page  123. 

But  if  he  is  obliged  to  give  up  the  school  because  not 
sustained  by  the  trustees  in  the  enforcement  of  reasonable 
rules,  he  is  entitled  to  pay  for  the  time  taught,  and  if  the 
failure  is  plainly  no  fault  of  his,  for  the  full  term.  (See  page 
132.  55  Mo  149,  46  Vt  452,  47  Vt  381) 

A  teacher  employed  for  9  months,  but  not  teaching  the 
last  month  through  neglect  of  the  trustees  is  entitled  to  pay 
for  that  month  also.  (13  Neb  52,  19  Neb  254) 

A  teacher  who  was  hired  for  3  months  had  taught  6  weeks. 
The  district  became  dissatisfied,  only  one  or  two  scholars 
attended,  the  stove-legs  and  pipe  were  carried  from  the 
school-room,  and  the  teacher  had  to  close  school.  By  the 
request  of  the  committee,  he  held  himself  ready  to  complete- 
the  term,  but  the  committee  did  not  put  the  building  in  order. 
He  recovered  wages  for  the  full  term.  (67  111  511) 

Temporary  illness,  however,  is  not  good  ground  for 
dismissal. 

The  English  view  is  even  that  salary  may  be  drawn  for  the 
time  of  absence.  "Of  course  a  headmaster  may  dismiss 
his  assistant  with  due  notice  on  the  assistant  falling  ill;  but 
the  illness  is  not  sufficient  cause  for  summary  dismissal, 
unless  it  is  likely  to  disable  him  permanently,  or  for  a  long 
time,  from  doing  his  duties.  If  the  assistant  is  obliged, 
because  of  illness,  to  be  absent  from  his  duties  at  any  time 


District]  In  case  of  Sickness  137 

and  then  returns  again  to  them  on  recovery,  he  has  a  right 
to  his  salary  for  the  time  he  was  laid  by,  as  the  contract  between 
him  and  his  employer  has  not  been  rescinded,  and  has,, 
therefore,  been  in  force  all  the  time.  (28  L  J  Q  25) 

In  American  public  schools,  the  teacher  absent  through 
sickness  or  other  cause  is  expected  to  pay  the  wages  of  the 
substitute.  The  pension  law  (see  page  138)  also  makes 
provision  for  substitutes. 

If  the  illness  is  continued  it  may  be  necessary  to 
hire  another  teacher. 

In  Clinton  county  circuit  court,  Ind.,  1901,  Miss  Burke, 
teacher  of  Center  school,  was  taken  ill.  The  trustee  hired 
another  teacher.  Held  that  she  abrogated  her  contract. 

Mere  dissatisfaction  of  pupils  and  parents  is  not, 
in  most  states,  cause  for  dismissal.  (28Vt575) 

Where  the  contract  read  "that  she  should  leave  if  the 
school  was  not  satisfactory."  held  that  the  provision  was 
valid,  but  the  dissatisfaction  must  be  that  of  the  district  and 
not  of  the  prudential  committee.  The  school  might  be 
useful  even  though  two  men  were  dissatisfied  but  not  if  a 
majority  of  the  patrons  were  dissatisfied.  (38  Vt  602) 

The  fact  that  parents  do  not  send  their  children  to  school 
does  not  of  itself  affect  the  teacher's  right  to  compensation. 
(36  111  Ap  653,  20  Vt  487) 

In  R.  I.  the  trustees  may  suspend  the  school  whenever  the 
average  attendance  falls  below  5;  in  La.  and  Md.,  whenever 
the  average  attendance  in  any  school  for  any  two  consecutive 
terms  is  less  than  10  pupils;  and  in  Ky.  when  the  trustees 
ascertain  that  the  average  daily  attendance  for  20  consecu- 
tive days  has  been  less  than  25  per  cent  of  the  total  number 
of  children  of  school  age  in  the  district,  they  may,  with  the 
consent  of  the  county  superintendent,  dismiss  the  teacher 
and  employ  another  to  complete  the  term,  unless  they  are 
satisfied  that  the  decreased  attendance  was  due  to  such 
natural  causes  as  high  water,  extremely  inclement  weather, 
epidemics,  or  unusual  sickness  in  the  district. 


138     Trustees :  Dismissing  Teachers      [Part  I 

It  has  been  held  that  on  payment  of  damages  a 
teacher  may  be  discharged,  even  without  adequate 
cause. 

Michael  E.  Devlin  had  been  principal  of  No.  1,  Westchester, 
since  1881,  his  recent  salary  being  $2,100.  On  August  7, 
1887,  the  board  of  education  by  a  vote  of  5  to  4  voted  to 
employ  Irving  Washburn  at  a  salary  of  $1,800.  This  created 
much  feeling  in  the  district,  and  the  annual  meeting  on  August 
28  was  largely  attended.  The  new  members  of  the  board 
were  those  known  to  be  in  favor  of  Mr.  Devlin,  and  the  meet- 
ing instructed  the  board  to  re-employ  Mr.  Devlin,  and  raised 
$2,100  additional  to  the  original  estimates  for  his  salary, 
assuming  that  Mr.  Washburn  must  be  paid  the  salary  the  old 
board  had  agreed  to  pay  him.  Held,  that  while  the  meeting 
had  no  right  to  dicate  to  the  board  whom  they  should  hire,  it 
had  a  right  to  raise  the  $2, 100,  and  the  board  had  the  right  to 
engage  Mr.  Devlin,  and  to  pay  Mr.  Washburn  $1,800  as  dam- 
ages in  full.  (D  3722,  57  Hun  33) 

Pensions  may  be  granted  in  New  York  to  teachers 
who  have  been  25  years  in  continuous  service  in  the 
schools  of  any  town,  in  which  cause  the  teacher  is 
retired  from  teaching.  (559-61) 

New  York  and  some  other  cities  have  special  pension-laws 
of  their  own.  New  Jersey  has  a  compulsory  pension  law, 
under  which  all  teachers  must  contribute  2%  of  their  sal- 
aries to  a  pension  fund.  Vermont  has  a  similar  law  requiring 
1%.  Compare  page  117. 

When  trustees  have  discharged  a  teacher,  they  are 
sometimes  asked  why,  especially  by  trustees  of  other 
schools  for  which  the  teacher  has  made  application. 
In  such  cases,  the  reply  is  privileged,  and  if  made  in 
good  faith  an  action  for  slander  or  libel  will  not  stand. 


District]    Giving  Reasons  is  Privileged        139 

A  letter  from  an  inhabitant  of  the  district  to  the  trustees 
complaining  of  the  teacher  is  privileged,  if  written  with  an 
honest  purpose  and  for  the  public  good.  (Tounshend  on 
Slander  and  Libel,  pp.  385,  399;  but  see  272.  See  Nolan  vs. 
Kane,  Legal  News,  Mch.  27,  1897.  21  So.  R.  593,  60  S  W  108) 

The  English  law  holds  good  in  this  country  and  is  thus 
stated:  "A  head-master  is  not  bound  to  give  any  character 
or  testimonial  to  his  assistant ;  but,  when  he  does  give  one,  all 
statements  made  therein  are  privileged,  and  no  action  for 
libel  can  be  brought  on  them,  provided  they  be  made  bona- 
fide.  This  privilege  exists  because  of  the  duty  thrown  upon 
every  person  by  the  convenience  of  society  to  state  fairly  all 
he  knows  either  for  or  against  a  former  servant  which  would 
be  likely  to  influence  another  person,  who  contemplates 
engaging  that  servant,  in  deciding  upon  the  fitness  of  the 
servant  for  the  purpose  for  which  he  requires  him.  If,  then, 
in  accordance  with  this  duty,  a  head-master  states  what  he 
honestly  believes  to  be  the  truth,  about  his  assistant,  the  law 
will  protect  him  from  any  penalties  for  so  doing,  even  if  the 
things  stated  are,  in  fact,  untrue.  But  if  he  deliberately 
makes  a  statement  which  he  knows  to  be  false,  and  gives  his 
assistant  a  bad  character  which  he  knows  he  does  not  deserve, 
the  head-master  is  not  acting  in  accordance  with  his  duty,  and 
lays  himself  open  to  an  action  for  libel  at  the  suit  of  the 
injured  assistant.  Malice  being  proved  destroys  the  privilege 
which  otherwise  would  exist,  and  any  deliberate  and  intention- 
al false  statement,  or  any  statement  made  recklessly,  without 
knowing  whether  it  be  true  or  false,  is  evidence  of  malice. 
If  a  head-master  give  his  assistant  a  good  character,  by  means 
of  which  he  gains  another  situation,  and  the  head-master 
subsequently  finds  out  that  he  was  mistaken  in  giving  such  a 
character,  and  informs  his  former  assistant's  new  employer  of 
the  mistake,  this  information  will  be  privileged ;  and  indeed  it 
is  the  duty  of  the  head-master  to  correct  his  mistake.  (18 
L  J  Q  B,  334) 

When,  however,  a  head-master  hears  that  a  former  assistant 
is  about  to  be  appointed  to  a  new  post,  it  is  not  his  duty  to 


140     Trustees :  Dismissing  Teachers      [Part  I 

volunteer  information  as  to  such  assistant's  character,  and 
it  is  much  safer  for  him  to  wait  until  asked  before  making  any 
statement. 

Eagerness  to  prevent  a  former  servant  obtaining  another 
place  has  the  appearance  of  malice,  and  if  it  were  found  that 
I  wrote  systematically  to  every  one  to  whom  the  plaintiff 
applied  for  work,  the  jury  would  probably  give  damages 
against  me.  On  the  other  hand,  if  a  person  into  whose 
service  he  was  about  to  enter  was  an  intimate  friend  or  a 
relation  of  mine,  and  there  was  no  other  evidence  of  malice 
except  that  I  volunteered  the  information,  the  occasion  would 
still  be  privileged. — Odgers  on  Slander  and  Libel,  p.  202. 

In  case  of  a  dismissal  -for  gross  immorality,  however,  it  is 
unquestionably  the  duty  as  well  as  the  right  of  the  trustees 
to  make  known  the  fact  to  any  school  likely  to  engage  the 
discharged  teacher. 

Mary  Moberly,  teacher  inGasport,  Ind.,  when  she  received 
her  money  from  the  treasurer,  James  R.  Henry,  objected  to 
the  amount,  which  was  less  than  that  paid  the  other  teachers. 
Mr.  Henry  made  written  protest  to  the  board  against  her  re- 
employment  but  she  was  re-engaged.  She  sued  for  libel, 
but  could  not  recover,  as  it  was  a  privileged  communication, 
and  did  not  damage  her,  because  it  did  not  prevent  her  re- 
employment  by  those  to  whom  it  was  read.  (Ind  A,  1898) 

When  a  superintendent  makes  report  to  the  board  concern- 
ing a  teacher,  it  is  not  necessary  to  prove  that  the  charges 
were  true,  but  it  is  necessary  to  prove  that  he  thought  they 
were  true.  (70  At  1036,  15  Conn  74,  67  Conn  504) 

On  Oct.  5,  1900,  Principal  Lyman  O.  Best  of  Brooklyn 
reported  that  Emma  Walker,  a  teacher  in  his  school,  was 
careless  in  blackboard  work,  and  on  March  30,  1901,  Sup't 
Maxwell  wrote  a  letter  in  which  he  stated  that  he  never  had 
any  doubt  Mr.  Best's  estimate  of  her  was  pretty  nearly  cor- 
rect. She  sued  both  for  libel.  The  supreme  court  found  in 
favor  of  Mr.  Best  but  against  Sup't  Maxwell  in  considerable 
damages  and  the  case  was  appealed. 


District]    Giving  Reasons  is  Privileged        141 

The  appellate  division  ruled  unanimously  that  both  reports 
were  privileged.  Judge  Hirschberg  said:  "Where  writings 
are  not  libelous  in  themselves,  there  can  be  no  recovery  at  all 
unless  pecuniary  injury  has  been  sustained  by  reason  of  the 
publication,  and  there  can  be  no  recovery  of  punitive  damages 
in  the  absence  of  exoress  malice;  that  is,  malice  in  fact  as 
distinguished  from  malice  implied. 

"I  think  that  both  writings  were  privileged ;  that  neither  was 
libelous  per  se,  and  that  in  the  absence  of  any  claim  of  special 
injury,  the  complaint  should  have  been  dismissed  as  to  both 
defendants.  It  was  clearly  the  duty  of  the  defendant  Best, 
as  principal  of  the  school  in  which  the  plaintiff  teaches,  to 
note  and  to  record  her  work  and  his  opinions  of  her  capacity 
and  skill,  and  no  offence  attaches  to  an  unfavorable  expression 
which  is  believed  to  be  truthful  and  honest.  Moreover,  the 
charge  of  carelessness  is  not  libelous,  as  might  be  a  charge  of 
unskilfulness  or  general  incapacity.  History  furnished  many 
instances  of  genius  wasted  by  a  life  of  carelessness  and  in- 
difference. The  plaintiff  is  not  necessarily  injured  in  her 
profession  by  a  charge  of  carelessness  in  the  performance  of 
a  particular  branch  of  her  work.  *  *  * 

"The  relation  of  the  parties  to  the  subject  matter  of  the 
correspondence  invests  the  communication  with  a  privileged 
character.  It  is  not  shown  to  be  untruthful  in  any  respect, 
or  to  have  been  written  in  bad  faith  or  from  unworthy  motives. 
On  its  face  it  is  only  a  qualified  approval  of  the  approximate 
correctness  of  Mr.  Best's  report,  and  the  plaintiff  admits 
through  her  counsel  on  the  argument  that  it  would  not  be 
regarded  as  libelous,  but  for  the  assertion  of  the  writer  that 
he  had  known  her  for  some  years. 

"The  general  principle  of  privilege  applies." 

A  teacher  who  feels  himself  unjustly  treated  in 
being  discharged  has  the  option  of  two  methods  of 
redress :  appeal  to  the  courts,  or  appeal  to  the  com- 
missioner of  education. 


142      Trustees :  Dismissing  Teachers      [Part  I 

This  applies  also  to  withholding  and  to  annulling  a  certifi- 
cate, pages  85,  90,  and  to  any  other  dissension  that  may 
arise  between  the  teacher  and  the  trustees  or  other  school- 
officers. 

He  may  apply  to  the   courts   for  a  writing  of 
mandamus,  to  compel  re-instatement  (33  Conn  298) ; 
or  may  hold  himself  ready  to  perform  his  part  of  the 
contract,  and  when  the  time  has  expired  may  sue  for 
his  wages. 

(3  Demo  175,  19  Hun  109,  63  Hun  389,  2  111  A  458,  17  111  A  347,  23  111  A 
367,  11  Ind  210,  93  Ind  292,  111  Ind  472.  53  la  187,  56  la  331,  65  la  209, 
72  la  379,  86  Ky  485,  40  Mo  A  507  50  Neb  171,  69  N  W  772,  38  N  Y  58, 
2  R  I  120,  .2  Wend  287,  11  Wend  90) 

Some  decisions  declare  mandamus  to  be  the  proper 
remedy. 

A  teacher,  removed  by  the  board  of  education  in  a  manner 
not  provided  by  law,  may  by  mandamus  compel  recognition 
and  permission  to  perform  her  duties  as  a  teacher.  The 
intention  of  the  law-making  power  to  retain  teachers  in 
schools,  unless  removed  in  the  manner  provided  by  statute, 
would  render  null  and  void  any  by-law  of  the  board  of 
education  or  any  rule  of  government  by  which  the  school 
officers  without  the  removal  required,  could  dispense  with 
the  teacher.  (43  Hun  537,  57  Hun  33) 

In  Ind.  there  is  no  appeal  from  the  action  of  the  trustees 
in  dismissing  a  teacher.  See  also  page  125.  (42  Ind  200) 

It  was  decided  May  7,  1898,  in  the  supreme  court  of  Miss- 
issippi, that  when  a  teacher  holding  a  state  first-grade  license 
covering  the  proposed  term  of  employment  was  elected  by 
the  trustees  of  a  school,  and  the  county  superintendent  re- 
fused to  employ  him,  holding  that  he  had  the  right  so^to 
refuse,  that  while  the  superintendent  may  remove  or  suspend 
a  teacher  for  causes  prescribed  by  the  statute,  he  can  do  so 
only  in  strict  accordance  with  the  statute.  The  teacher  had 
a  valuable  right  under  the  license,  the  loss  of  which  could  not 
be  compensated  by  damages ;  and  hence  the  possession  of  the 
license  would  entitle  him  to  a  mandamus  to  compel  the  county 


District]        The  Teacher's  Remedy  143 

superintendent  to  employ  him.     The  license  gives  the  holder 
a  right  to  teach  until  he  is  removed  on  statutory  grounds. 

Other  decisions  declare  that  the  proper  action  is 
suit  for  damages. 

A  principal  of  a  high  school  is  a  mere  employee,  and  not 
an  officer  of  the  district,  and  has  no  official  relations  to  it. 
Where  he  has  a  valid  contract  with  the  high  school  board, 
and  the  latter  violates  its  contract  duties,  as  by  installing 
another  principal  in  his  place,  his  remedy  is  the  very  plain 
and  common  one  that  any  party  has  against  one  with  whom 
he  has  made  a  contract  which  such  other  neglects  or  refuses  to 
perform,  namely,  an  action  for  the  recovery  of  such  damages 
as  he  has  sustained  in  consequence  of  such  neglect  or  refusal. 
Having,  therefore,  a  plain  and  adequate  remedy  by  action 
at  law,  the  courts  will  refuse  to  interfere  by  the  exercise  of 
their  extraordinary  jurisdiction  by  mandamus,  to  compel  his 
reinstatement  as  principal  of  the  high  school.  And  even  if 
it  could  be  maintained  that  the  position  of  teacher  is  an 
office,  or  a  right  to  a  place,  so  as  to  constitute  a  franchise, 
position,  or  privilege,  so  that  mandamus  could  be  maintained, 
still,  the  court  holds,  a  proceeding  by  mandamus  would  not 
be  the  proper  action  in  which  to  test  the  question  of  his 
title,  where  it  appeared  that  there  was  a  person  other  than 
the  relator  of  claimant  in  the  place  or  position  in  question, 
who  was  occupying  it  under  a  claim  of  right  or  title, — a 
de  facto  incumbent,  for  instance,  under  a  contract  of  subse- 
quent date.  (76  N  W  351) 

Of  course  no  action  can  be  maintained  against  the  trustees 
personally  for  removing  a  teacher  unless  malice  can  be  shown. 
(64  Atl  330,  3  Hun  177,  57  Hun  33,  17  111  A  347,  42  Ind  200, 
21  la  590,  26  Ohio  421,  22  Pa  1040,  36  Pa  315,  49  Pa  St  151) 

Instead  of  resorting  to  the  courts  the  teacher  may 
appeal  to  the  commissioner  of  education  either  to 
reinstate  him,  or  to  direct  the  trustees  to  pay  him  his 
wages. 

(34  How  Pr  336,  18  N  Y  272,  11  Wend  90) 


144     Trustees :  Dismissing  Teachers      [Part  I 

This  appeal  may  be  made,  even  after  the  teacher  has  been 
non-suited  in  the  courts.  (19  Hun  609) 

The  appeal  may  be  made  in  cities,  as  well  as  in  rural  dis- 
tricts. (D  3864,  4195) 

Where  there  is  a  state  board  of  education  there  is  usually 
an  appeal  to  it  from  a  decision  of  the  state  superintendent. 
In  some  states  appeals  must  be  made  first  to  the  county 
superintendent  (45  N  J  100) ;  in  Ga.  to  the  county  board  of 
education. 

In  Texas  it  is  held  that  in  case  of  dismissal  unless  the  teach- 
er avails  himself  of  the  right  of  appeal  to  the  county  and 
state  superintendent,  but  instead  asks  the  court  for  mandamus 
he  has  no  cause  of  action.  (38  S  W  1110) 

In  New  Jersey  a  dismissed  teacher  may  not  appeal  to  the 
courts.  He  appeals  to  the  county  superintendent,  from 
whom  appeal  may  be  made  to  the  state  superintendent,  and 
from  the  state  superintendent  to  the  state  board  of  educa- 
tion. (48  Atl  556)  • 

It  is  a  rule  of  the  commissioner  of  education  that  all  acts 
and  proceedings  will  be  regarded  as  regular  unless  appealed 
from.  The  bringing  of  appeals  for  light  and  trifling  causes 
will  be  discouraged.  If  vague  or  uncertain  in  statement  or 
illegible  and  unintelligible,  appeals  will  be  disregarded.  (D 
3754) 

The  commissioner  will  not  assume  jurisdiction  of  cases 
in  the  nature  of  a  prosecution  for  the  recovery  of  a  fine  or 
penalty;  nor  will  he  undertake  to  settle  disputes  as  to  con- 
tracts and  other  matters  involving  money,  where  the  issue 
depends  upon  the  truth  of  diverse  statements  and  should  be 
settled  by  the  courts  (D  1978,  27  N  E  968) ;  or  where  the 
amount  involved  is  indeterminate,  as  where  the  contract  has 
not  been  entered  upon  (D  3768,  3797,  4744,  4784) ;  or  to 
enforce  the  payment  of  money  where  a  decision  has  been 
rendered,  which  should  be  left  to  the  regular  legal  authorities. 

A  teacher  who  has  taught  two  years  and  claims  reengage- 
ment  for  the  third  but  was  not  allowed  to  enter  upon  it,  must 


District]  Collecting  Damages  145 

appeal  to  the  courts.  His  damages,  if  any,  are  unliquidated, 
and  it  is  not  for  the  state  superintendent  to  measure  them. 
(4724) 

But  a  teacher  in  the  State  of  New  York,  who  promptly  and 
clearly  presents  to  the  commissioner  of  education  evidence 
of  unjust  treatment  by  any  school  officers  in  the  discharge  of 
his  duties  under  the  school  law,  may  be  assured  that  the  case 
will  be  thoroughly  and  impartially  investigated,  and  a  de- 
cision rendered  with  no  expense  to  him,  from  which  no  appeal 
can  be  taken  to  any  court  of  law.  Seepages  146,  7. 

After  being  dismissed  the  teacher  can  draw  no 
further  pay.  If  a  teacher  succeeds  in  his  appeal,  he 
may  receive  wages  for  the  whole  time  for  which  he 
was  employed.  (D  4294) 

(86  111  595,  2  111  A  458,  50  Neb  171,  21  S  W  1060,  69  S  W  772,  51  Wis  554, 
But  see  6  Cen  Rep  923) 

But  only  for  the  difference  between  the  stipulated 
wages,  and  what  he  earned  or  might  have  earned  at  a 
similar  employment  in  his  own  vicinity  during  the 
time  covered  by  the  contract.  Greenleaf  on  Evidence, 
ii.  Sec.  161  a:  C kitty  on  Contracts,  llth  Am.  ed.,  ii, 
855,  note.  (15  Colo  367,  36  111  A  653,  21  S  W  1060) 

The  burden  of  proving  that  the  teacher  could  have  secured 
other  employment  is  upon  the  trustees.  (23  111  A  367,  36 
111  A  133,  60  Pac  1100) 

As  in  other  cases,  the  damages  which  can  be  recovered 
should  be  such  as  follow  in  the  natural  course  from  the 
wrongful  act,  and  ought  to  be  measured  so  as  to  put  the 
plaintiff  pecuniarily  in  the  same  position  as  he  would  have 
been  if  he  had  been  dismissed  rightly.  He  is  not  necessarily 
entitled,  as  was  once  thought,  to  his  full  salary  for  the  unexpir- 
ed  time  of  his  service  according  to  the  contract ;  he  must  not 
sit  still  and  do  nothing,  but  should  use  all  reasonable  exer- 
tions to  get  a  new  situation,  and  should  accept  of  such  suitable 


146      Trustees :  Dismissing  Teachers     [Part  I 

employment  as  may  offer  itself.  If  he  get  a  new  situation 
without  much  delay,  the  damages  will  be  reduced  according 
to  its  value ;  but  whatever  the  value  of  the  new  situation  may 
be,  the  plaintiff  is  always  entitled  to  some  damages  for  the 
wrong  done  him  by  the  breach  of  contract.  If  a  master  be 
engaged  for  a  certain  definite  time,  and  he  is  dismissed  wrong- 
fully before  the  end  of  that  time,  he  can  sue  at  once,  and 
need  not  wait  until  the  time  has  expired.  *  *  *  If,  there- 
fore, an  action  is  brought  for  wrongful  dismissal,  and  the 
contract  was  for  service  for  a  fixed  time,  which  has  not 
expired,  the  jury  should  estimate  the  probability  of  the 
plaintiff  obtaining  other  employment,  and  deduct  the  value 
of  such  employment  from  the  salary  the  plaintiff  would  have 
received,  if  he  had  continued  in  the  service  to  the  end  of  the 
agreed  time.  (14LTNS863) 

The  rules  applicable  to  ordinary  contracts  of  employment 
as  to  measure  of  damages  obtain  in  cases  of  breach  of 
contract  to  teachers  in  public  schools.  (117  N  W  983) 

A  celebrated  case  in  New  York  illustrates  this  principle. 
On  June  28,  1880,  Neil  Gilmour,  then  superintendent  of  pub- 
lic instruction,  demanded  the  peremptory  resignation  of 
James  H.  Hoose,  principal  of  the  Cortland  State  normal 
school  and  on  July  12  "withdraw  his  approval"  of  his  ap- 
pointment. On  July  24  he  appointed  James  M.  Cassety 
principal  of  the  school.  The  local  board  refused  to  recognize 
the  appointment,  and  on  Sept.  1  opened  the  school  under  Dr. 
Hoose,  six  of  the  teachers  appearing  on  the  platform,  while 
the  other  six  obeyed  the  state  superintendent. 

On  Oct.  26  Mr.  Gilmour  applied  for  a  mandamus,  which  was 
granted;  and  on  Feb.  15,  1881,  the  school  was  opened  under 
Mr.  Cassety.  On  Feb.  22,  the  local  board  appealed  to  the 
general  term,  which  on  Sept.  20,  1881,  affirmed  the  decision 
of  the  court  below.  The  local  board  then  carried  the  case 
to  the  court  of  appeals,  which  on  April  18,  1882,  decided  in 
favor  of  the  local  board.  Whereupon  Dr.  Hoose  once  more 
took  charge  of  the  school,  his  six  teachers  returning  with  him. 
—S.B.viii.  119. 


District]        The  Teacher's  Remedy  147 

The  governor  vetoed  the  item  in  the  supply  bill  to  pay  the 
salaries  of  Dr.  Hoose  and  his  teachers  for  the  time  they  were 
kept  out  of  the  school,  on  the  ground  that  the  state  should 
not  pay  twice  for  the  same  work;  but  on  Jan.  22,  1884, the 
court  of  claims  awarded  Dr.  Hoose  for  himself,  and  for  his 
assistants  who  had  assigned  their  claims  to  him,  the  sum  of 
$12, 55 1.25  and  interest  from  April  26, 1882,  including  $3, 187. 50 
for  his  own  salary.  From  this  last  item  $1,493.43  was  de- 
ducted, being  the  amount  he  had  received  from  the  city  of 
Binghamton  where  he  had  served  as  superintendent  a  part 
of  the  interim.  Dr.  Stowell,  teacher  of  sciences,  who  had 
not  engaged  in  teaching  elsewhere,  received  the  full  salary 
for  the  time,  $2,167.50.  On  May  24,  1884,  Gov.  Cleveland 
affixed  his  signature  to  a  bill  paying  this  award. 


CHAPTER  XI 
Trustee  and  Teacher 

10.  (a)  To  establish  rules  for  the  government  and 
discipline  of  the  schools  in  their  respective  districts. 
(195,229) 

(35  Neb  1,  75  Neb  188.  52  N  W  710,  77  N  W  662,  13  111  A  520.  17  111  A  386. 
63  111  A  357,  87  111  303,  95  111  263) 

The  original  authority  to  make  rules  and  regulations 
lies  in  the  trustees.  The  regulations  of  the  school  are 
implicitly  a  part  of  the  teacher's  contract.  (45  Pac 
119) 

(13  Ab  Pr  159,  12  Allen  127,  2  Cush  198,  5  Cush  198,  8  Cush  160,  31  la  562, 
38  Me  376,  105  Mass  475,  71  Mo  628,  23  Ohio  211,  29  Ohio  89,  23  Pick  224, 
48  Vt  444,  473,  35  Wis  59,  45  Wis  150) 

For  a  teacher  to  refuse  to  obey  official  rules  would  be 
insubordination,  and  warrant  his  discharge.  See  page 
133. 

Ky.  requires  the  trustees  to  meet  at  the  schoolhouse  on  the 
day  of  opening  school,  and  at  least  one  month  thereafter 
during  the  opening  session.  Mont,  requires  every  one  of 
the  trustees  to  visit  the  school  at  least  once  in  each  term,  and 
inquire  into  its  management,  condition,  and  wants. 

In  Tenn.,  where  a  teacher  suspended  a  pupil  for  using 
tobacco,  in  violation  of  a  rule  made  by  the  teacher  which 
the  trustees  objected  to,  the  trustees  were  upheld  in  dis- 
charging the  teacher.  (5  Lea  525) 

The  school  commissioner,  or  county  superintendent, 
is  to  recommend  to  trustees  and  teachers  the  proper 
rules  and  regulations .  (313) 

(148) 


District]     Methods  Lie  with  the  Teacher     149 

Outside  and  beyond  the  rules  officially  adopted  by 
the  trustees,  the  power  lies  with  the  teacher.  The 
trustees  formulate  the  general  principles  for  the 
management  of  the  school;  the  practical  application 
of  these  principles  is  confided  to  the  teacher. 

(53  Conn  481,  82  Ind  286,  105  Mass  475,  116  Mass  366,  85  Mo  485,  19  N  H 
170) 

The  rules  must  be  officially  adopted  at  a  regular 
meeting,  and  recorded  in  the  minutes.  (D  4294,  2523) 

There  have  been  decisions  to  the  contrary  (69  Ind  295, 
105  Mass  475,  116  Mass  366,  59  N  H  473,  45  Wis  150),  but  the 
preponderance  of  authority  is  decidedly  toward  requiring 
official  action  as  stated.  The  trustees  have  authority  only  as 
a  board  of  trustees — not  individually. 

(41  Conn  442.  27  Me  266,  105  Mass  475.  Ill  Mass  499,  6  Neb  167,  27  Vt  755) 
Of  course  a  sole  trustee  may  act  at  any  time. 

The  board  has  power  to  make  all  needful  rules  and  regula- 
tions for  the  organization,  gradation  and  government  of  the 
school,  and  to  suspend  any  pupil  for  non-compliance  with 
reasonable  rules  established  by  it,  or  by  the  teacher  with  its 
consent  (35  Wis  59,  45  Wis  150).  But  in  matters  of  this 
kind  the  board  will,  in  the  main,  be  guided  by  the  advice  of 
the  teacher.  While  the  teacher  is  subordinate  to,  and  must 
execute  the  orders  of  the  board,  he  is  responsible  for  the 
conduct,  discipline  and  progress  of  his  pupils,  and  should, 
generally,  be  allowed  to  decide  as  to  the  means  and  methods 
of  discharging  this  responsibility. 

It  has  been  repeatedly  held  that  the  teacher  is 
not  a  public  officer. 

(49  Neb  755,  69  N  W  114.  But  see  9  Neb  53.  2  N  W  235,  "he  being  a 
de  facto  officer".) 


150  Trustee  and  Teacher          [Part  I 

But  he  does  not  derive  his  authority  from  the 
parents.  He  holds  a  position  created  by  the  law.  He 
is  legally  responsible  only  to  the  trustees  who  hire  him. 
Between  the  teacher  and  the  child  the  parent  can 
personally  interfere  only  by  removing  the  child  from 
the  school. 

(14  Barb  221,  38  Me  376,  29  Ohio  89,  32  Vt  224,  45  Wis  150) 

An  illustration  will  make  this  point  clear.  Congress 
establishes  by  law  the  rates  of  postage,  and  the 
classification  of  mail  matter:  but  a  New  York 
senator  would  not  think  of  entering  the  Albany 
postoffice  and  directing  the  postmaster  hereafter  to 
charge  3  cents  for  letter-postage,  or  to  charge  letter- 
postage  on  periodicals;  he  would  not  even  assume 
to  dictate  to  the  postmaster  whether  a  new  periodical 
should  be  received  at  newspaper  rates,  or  to  give 
directions  as  to  the  internal  management  of  the 
postofrice.  His  power  is  only  as  a  member  of  congress 
and  in  the  halls  of  congress;  as  an  individual  he  has 
no  more  authority  in  the  postofrice  than  any  other 
individual. 

On  the  other  hand,  the  postmaster-general  has 
entire  power  to  enter  any  postofrice  either  personally 
or  by  messenger,  and  make  any  investigation  desired 
into  the  methods  employed.  It  is  his  duty  to  give 
the  general  directions  under  which  postoffices  should 
be  conducted,  and  any  specific  directions  that  a 
particular  postoffice  requires.  He  determines  the 
classification  of  mail  matter,  and  in  general  is  en- 
trusted with  the  details  of  carrying  out  the  laws 
established  by  congress. 


District]    Superintendent  and  Principal       151 

The  superintendent  of  schools  in  a  village  or  city 
occupies  the  same  relation  to  the  teachers  of  the 
village  or  city  that  the  postmaster-general  does 
toward  the  postmasters.  He  is  the  executive  officer 
of  the  board  of  education,  and  is  authorized  to  rep- 
resent them  in  matters  of  detail  as  regards  the  man- 
agement and  discipline  of  the  school,  the  course  of 
study,  and  the  methods  of  teaching.  He  may  take 
the  place  of  a  teacher  at  any  time,  may  direct  what 
shall  be  taught,  and  how  and  when  it  shall  be  taught, 
and  may  usually  transfer  teachers  from  one  depart- 
ment to  another  as  the  needs  of  the  school  require. 
In  some  cities,  like  Cleveland  he  has  been  entrusted 
with  entire  authority  to  engage  and  discharge  teachers, 
and  to  be  the  head  of  the  body  of  which  they  are  the 
members,  with  full  power  cf  direction. 

The  principal  of  the  school  occupies  .towards  his 
subordinate  teachers  much  of  the'  relation  of  super- 
intendent, and  in  villages  where  there  is  no  super- 
intendent, he  practically  fills  that  place,  as  does  the 
teacher  of  a  district  school.  Hence  in  many  schools 
the  rules  and  regulations  are  made  by  the  principal 
and  are  often  endorsed  only  tacitly  by  the  trustees. 

Regarding  the  powers  of  a  teacher  to  act  in  absence  of 
authority  regularly  conferred  by  a  school  board,  Judge  Lyons, 
of  the  Supreme  Court  of  Wisconsin,  said:  "  While  the  teach- 
er or  principal  in  charge  of  a  public  school  is  subordinate  to 
the  school  board  or  board  of  education  of  his  district  or  city, 
and  must  enforce  rules  and  regulations  adopted  by  the  board 
for  the  government  of  the  school,  and  execute  all  its  lawful 
orders  in  that  behalf,  he  does  not  derive  all  his  power  and 
authority  in  the  school  and  over  his  pupils  from  the  affirmative 


152  Trustee  and  Teacher          [Part  I 

action  of  the  board.  He  stands,  for  the  time  being  in  loco 
parentis  to  his  pupils,  and,  because  of  that  relation,  he  must 
necessarily  exercise  authority  over  them  in  many  things 
concerning  which  the  board  may  have  remained  silent.  In 
the  school,  as  in  the  family,  there  exists  on  the  part  of  the 
pupils  the  obligations  of  obedience  to  lawful  commands,  sub- 
ordination, civil  deportment,  respects  for  the  rights  of  other 
pupils,  and  fidelity  to  duty.  These  obligations  are  inherent 
in  any  school  system,  and  constitute,  so  to  speak,  the  common 
law  of  the  school.  Every  pupil  is  presumed  to  know  this 
law,  and  is  subject  to  it,  whether  it  has  or  has  not  been  re- 
enacted  by  the  district  board  in  the  form  of  written  rules  and 
regulations.  Indeed,  it  would  seem  impossible  to  frame  rules 
which  would  cover  all  cases  of  vicious  tendency  which  the 
teacher  is  liable  to  encounter  daily  and  hourly.  (45  Wis  150. 
See  105  Mass  475,  35  Neb  1,  19  N  H  170,  52  N  W  710,  116 
N  W  235) 

The  teacher's  place  and  authority  cannot  be  taken, 
except  by  his  permission,  by  the  trustee  or  even  by 
the  school  commissioner  or  the  county  superintendent 
(41  Conn  442,  27  Vt  755) 

Horace  Mann,  considered  the  school  committee  in  higher 
authority,  saying:  "During  the  period  of  visitation  the 
committee  have  the  entire  control  of  the  school.  For  the 
time  being  it  is  their  school,  arid  the  teacher  is  their  servant. 
They  may  decide  what  classes  shall  be  called  upon  to  perform 
exercises,  and  in  what  studies.  They  may  direct  the  teacher 
to  conduct  the  examination,  or  may  conduct  it  wholly  them- 
selves, or  they  may  combine  both  methods.  In  fine  they  may 
dismiss  the  teacher  for  the  hour,  and  pursue  the  examination 
in  his  absence.  *  *  *  Should  any  scholar  misbehave 
himself,  or  prove  refractory  or  contumacious  to  the  committee, 
while  they  are  engaged  in  examining  the  school,  it  is  presumed 
they  have  an  authority  to  suspend,  to  expel,  or  to  punish  on 
the  spot,  in  the  same  way  that  the  teacher  may  do  in  case  of 
like  misconduct  committed  against  himself. — 38th  Mass. 
Report,  p.  1  50. 


District]      The  Teacher's  Prerogative        153 

The  law  of  to-day  has  been  admirably  stated  in 
a  decision  of  the  New  York  Education  depart- 
ment. 

Boards  of  education  of  union  free  school  districts  are 
bodies  corporate,  and  must  act  as  a  board  in  making  rules  and 
regulations  relative  to  the  discipline  and  government  of  the 
schools  under  their  charge;  in  prescribing  the  studies  to  be 
taught ;  in  grading  and  classifying  the  schools  and  regulating 
the  admission  of  pupils  therein,  and  in  the  general  manage- 
ment and  superintendence  of  said  schools.  The  rules  and 
regulations  of  the  board  relative  to  matters  upon  which,  under 
the  school  law,  they  are  authorized  to  act  should  be  adopted 
by  the  board  of  sessions  of  the  board,  and  copies  of  the  rules 
and  regulations  should  be  given  to  the  teachers.  Individual 
members  of  the  board  have  no  authority  to  make  rules,  nor  to 
give  orders  to  teachers.  Under  the  school  law,  the  method  of 
imparting  instruction  belongs  exclusively  to  the  teachers.  The 
teachers  assign  seats  to  the  scholars,  regulate  the  order  in  which 
recitations  of  classes,  pursuing  the  different  studies  taught  in 
the  school,  are  to  be  held,  and  conduct  such  recitations.  A  visit- 
ing committee  of  a  board,  visiting  a  school,  has  no  authority 
to  interfere  with  the  methods  of  instruction  pursued  by  the 
teachers,  nor  to  give  orders  to  the  teacher,  nor  to  interfere  in  ike 
recitations  or  assume  to  conduct  such  recitations,  nor  to  conduct 
examinations  on  their  own  account,  without  advising  with  the 
teachers,  nor  to  interfere  with  the  seating  of  the  pupils.  Such 
committee  should  visit  the  school  at  such  times  as  it  shall 
deem  necessary  and  proper,  and  watch  carefully  the  methods 
pursued  by  the  teacher,  the  government  and  discipline  of  the 
school,  whether  or  not  the  teacher  maintains  good  order  and 
discipline,  etc.,  etc.,  and  report  the  facts  relative  to  such 
matters  to  the  board.  If,  in  the  opinion  of  the  board,  the 
condition  of  the  school  is  such  that,  in  its  judgment,  it  is 
not  for  the  best  educational  interest  of  the  school,  then  it 
should  call  the  attention  of  the  teachers  thereto.  No  mem- 
bers of  a  visiting  committee  or  the  board  should  criticize  or 
reprimand  a  teacher  in  the  presence  of  the  school  or  any  pupil 


154  Trustee  and  Teacher  [Part  I 

attending  the  same,  as  such  a  course  will  be  in  the  highest 
degree  detrimental  to  the  best  educational  interests  of  the 
same.  (D  4294) 

So  in  Minn,  the  authority  of  the  trustees  over  the  interior 
management  of  the  schools  is  entirely  advisory  in  its  character. 
The  responsibility  for  the  correct  government  and  discipline 
of  the  school,  as  well  as  the  adoption  of  such  methods  of 
teaching  as  seem  best  calculated  to  promote  the  advancement 
of  the  scholars  in  their  several  branches  of  study,  rests  solely 
with  the  teacher.  Of  course  there  ought  to  be  and  always 
will  be  a  mutual  interchange  of  views,  and  a  cordial  co-opera- 
tion between  teachers  and  trustees  in  all  these  matters,  when- 
ever a  regard  is  had  to  the  important  interests  intrusted  to 
their  charge. 

In  the  school-room  the  teacher  has  exclusive  con- 
trol and  supervision  of  his  pupils,  subject  only  to 
such  regulations  and  directions  as  may  be  prescribed 
or  given  by  the  trustees. 

The  schoolhouse  is  the  schoolmaster's  castle.  Upon  this 
point  the  following  forcible  statement  is  fully  warranted: 
"This  old  maxim  of  English  law  (5  Rep.  92)  is  as  applicable 
to  the  schoolmaster  as  to  any  other  person  who  is  in  the  lawful 
possession  of  a  house.  It  is  true  that  the  school-officers,  as 
such,  have  certain  rights  in  the  schoolhouse ;  but  the  law  will 
not  allow  even  them  to  interfere  with  the  teacher  while  he 
keeps  strictly  within  the  line  of  his  duty.  Having  been 
legally  put  in  possession,  he  can  hold  it  for  the  purposes  and 
the  time  agreed  upon;  and  no  parent,  not  even  the  governor 
of  the  state,  nor  the  president  of  the  United  States,  has  any 
right  to  enter  it  and  disturb  him  in  the  lawful  performance  of 
his  duties.  If  persons  do  so  enter,  he  should  order  them  out ; 
and  if  they  do  not  go,  on  being  requested  to  do  so,  he  may  use 
such  force  as  it  necessary  to  eject  them.  And  if  he  rind  that 
he  is  unable  to  put  them  out  himself,  he  may  call  on  others  to 
assist  him,  and  if  no  more  force  is  employed  than  is  actually 
necessary  to  remove  the  intruder,  the  law  will  justify  the 


District]          Disturbance  by  Parents          155 

teacher's  acts  and  the  acts  of  those  who  assisted  him."     See 
Wharton's  Am.  Criminal  Law,  1256. 

(5  Barb  608,  1  City  Hall  R  55,  27  Me  266,  2  Metcalf  23,  59  Pa  St  266,  2 
Selk  641,  8  T  L  R  78,  299) 

The  teacher's  best  defence  against  querulous  or 
insulting  visits  of  parents  to  the  school-room  was 
found  in  that  provision  formerly  a  part  of  the  New 
York  statute,  which  read  thus : 

Any  person  who  shall  wilfully  disturb,  interrupt,  or  disquiet 
any  district  school  *  *  *  shall  forfeit  $25  for  the  benefit 
of  the  school  district. 

It  shall  be  the  duty  of  the  trustees  of  the  district,  or  the 
teacher  of  the  school,  and  he  shall  have  the  power  to  enter  a 
complaint  against  such  offender  before  any  justice  of  the 
peace  of  the  county.  *  *  *  The  magistrate  *  *  *  shall 
thereupon  *  *  *  cause  the  person  to  be  arrested  and 
brought  before  him  for  trial. 

This  provision  was  omitted  from  the  consolidated 
laws  of  1894  and  1909,  but  is  perhaps  covered  by 
Sec.  1470  of  the  Penal  law  (88:1909): 

A  person  who  without  authority  of  law  wilfully  disturbs 
any  assembly  or  meeting,  not  unlawful  in  its  character,  is 
guilty  of  a  misdemeanor. 

Even  when  a  private  school  or  a  singing  school  is  taught  in 
the  district  schoolhouse,  a  person  can  be  punished  for  dis- 
turbing it.  The  same  is  true  of  a  singing  school.  (35  Me 
195,  26  Conn  607) 

The  R.  I.  law  reminds  the  teacher  that  while  the  law  holds 
him  responsible  for  his  acts  in  the  school-room,  it  also  protects 
him  while  therein  employed  from  all  external  or  unofficial 
interference.  No  private  person  has  any  right,  in  any  cir- 
cumstances, to  enter  a  school-room  in  school  hours  to  make 
any  complaint  or  to  disturb  the  school  in  any  way.  The  stat- 
ute law  provides  a  specific  penalty  for  such  an  offence. 


156  Trustee  and  Teacher  [Part  I 

In  Cal.  and  Wash,  any  parent,  guardian,  or  any  other 
person  who  shall  insult  or  abuse  any  teacher  in  the  presence  of 
the  school  is  guilty  of  a  misdemeanor,  and  liable  to  a  fine  of 
not  less  than  $10  nor  exceeding  $100  Ariz,  makes  the  limits 
$50  and  $100,  with  an  alternative  of  imprisonment  for  3 
months. 

In  Wy.  any  person  who  uses  insulting  and  abusive  language 
toward  any  teacher  in  or  about  any  public  schoolhouse,  or 
who  wilfully  disturbs  any  public  school  or  district  meeting,  is 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  must 
be  fined  in  any  sum  not  less  than  $5,  and  not  exceeding  $100. 

Nearly  every  other  state  has  a  similar  provision  in 
the  school  law. 

Yet  it  must  never  be  forgotten  that  in  regard  to  the 
general  regulations,  the  course  of  study,  the  adoption  of 
text-books,  and  the  expulsion  of  pupils,  the  action  of  the 
teacher  has  no  legal  force  until  formally  endorsed  by  the 
trustees.  (35  Wis  59,  45  Wis  150) 

However  unbounded  the  confidence  placed  in  him,  a  wise 
teacher  will  secure  the  sanction  of  the  trustees  before  he 
announces  his  own  course  as  to  these  questions. 

These  topics  will  be  considered  in  separate  chap- 
ters. But  we  must  first  consider  how  far  the  author- 
ity of  the  trustee  and  of  the  teacher  extends. 


CHAPTER    XII 
Trustees:  Extent  of  Authority 

The  conduct  of  the  pupils  upon  any  part  of  the 
premises  connected  with  the  schoolhouse  or  in  the 
immediate  vicinity  of  it  (the  pupils  being  thus 
virtually  under  the  care  and  oversight  of  the  teacher), 
as  on  the  playground  whether  within  the  regular  school 
hours  or  before  or  after  them,  is  properly  cognizable 
by  the  teacher.  Any  disturbance  made  by  them  with- 
in this  range,  injuriously  affecting  in  any  way  the 
interests  of  the  school,  may  clearly  be  the  subject  of 
rules  by  the  trustees,  and  of  reproof  and  correction 
by  the  teacher. 

Commissioner  Draper  has  held  that  pupils  may  leave  the 
grounds  during  noon  recess  by  consent  of  their  parents. 
(D  3698) 

In  regard  to  what  transpires  by  the  way  in  going  to 
and  returning  from  school,  the  authority  of  the  teacher 
is  in  most  states  except  New  York  regarded  as  con- 
current with  that  of  the  parent.  (30  la  429,  31  la 
562,  66  Mo  286,  85  Mo  485,  116  N  W  232,  4  S  W  122, 
23  Tex  386,  32  Vt  120) 

There  is  abundant  authority  that  the  trustees  or 
the  teacher  may  make  rules  to  govern  the  conduct  of 
pupils  after  school  hours,  and  punish  a  violation 
thereof  by  suspension.  (116  N  W  235,  citing  55  Am 
Rep  387,  59  Am  Rep  776,  129  la  441,  3  L  R  A  N.  S. 
496,  62  L  R  A  160,  7  L  R  A  N.  S.  352,  132  Mich  13, 
85  Mo  485,  92  N  W  495,  105  N  W  686,  86  Pac  642, 
5^S  W  122,  23  Tex  Ap  386,  43  Wash  441) 

(157) 


158        Trustees :  Extent  of  Authority   [Part  I 

So  far  as  offences  are  concerned  for  which  the  pupils  commit- 
ting them  would  be  answerable  to  the  laws,  such  as  larceny, 
trespasses,  etc.,  which  come  particularly  within  the  category 
of  crimes  against  the  state,  it  is  the  wisest  course  generally 
for  the  teacher  (whatever  be  his  legal  power*),  to  let  the  offen- 
der pass  into  the  hands  of  judicial  or  parental  authority,  and 
thus  avoid  being  involved  in  controversies  with  parents  and 
others,  and  exposing  himself  to  the  liability  of  being  harassed 
by  prosecution  at  law. 

But  as  to  any  misdemeanors  of  which  the  pupils  are  guilty 
in  passing  from  the  schoolhouse  to  their  homes,  which  directly 
and  injuriously  affect  the  good  order  and  government  of  the 
school,  and  the  right  training  of  scholars,  such  as  truancy, 
wilful  tardiness,  quarrelling  with  other  children,  the  use  of 
indecent  and  profane  language,  etc.,  there  can  be  no  doubt 
that  these  come  within  the  jurisdiction  of  the  teacher,  and  are 
properly  matters  for  discipline  in  the  school. 

A  famous  decision  of  the  supreme  court  of  Vermont  (32  Vt 
1 14)  illustrates  and  fully  accords  with  the  foregoing  positions. 
The  courts  decided  that  such  misdemeanors  have  a  direct 
and  immediate  tendency  to  injure  the  school  by  subverting 
the  teacher's  authority,  and  begetting  disorder  and  insubordi- 
nation among  the  pupils.  The  same  doctrine  is  substantially 
recognized  by  the  supreme  court  in  some  other  states.  *  *  * 
The  governing  principle  in  all  cases  like  the  Vermont  case  is, 
that  whatever  in  the  misconduct  of  pupils  under  like  circum- 
stances, as  to  time  and  place,  etc.,  has  a  direct  tendency  to  injure 
the  school  in  its  important  interests,  is  properly  a  subject  of 
discipline  in  the  school. 

It  is  sometimes  objected  to  the  foregoing  views  that  the  re- 
sponsibilities of  teachers  are  in  this  way  enlarged  to  an 
improper  extent ;  that  if  their  authority  extends  beyond  the 
schoolhouse  limits  and  the  school  hours,  their  responsibilities 
must  be  increased  in  a  corresponding  ratio.  But  to  this  it  may 
be  answered,  that  the  matter  is  to  have  a  reasonable  con- 
struction; that  it  cannot  be  expected  that  a  teacher  will 

"The  teacher  cannot  punish  a  pupil  for  refusing  to  confess  a  crime  for  which 
he  might  be  punished  at  law.—  Public  School  Acts  of  Rhode  Island,  1857,  p.53) 


District]         Outside  School  Grounds         159 

follow  his  pupils  into  the  streets  to  watch  their  conduct  when 
beyond  his  view  and  inspection;  the  extent  of  his  duty  in 
this  respect  can  be  only  to  take  cognizance  of  such  misconduct 
of  his  pupils,  under  the  supposed  circumstances,  as  may  come 
to  his  knowledge  incidentally,  either  through  his  own  obser- 
vation or  other  proper  means  of  information. 

The  English  High  court  decided  in  1905  that  a  boy  guilty 
of  improper  conduct  on  the  way  home  is  liable  to  punishment 
by  the  teacher. 

Many  states  recognize  this  principle  in  their  statutes. 

(31  la  512,  129  la  996,  85  Ma  485,  32  Vt  114) 

In  Mass,  while  the  pupils  are  on  their  way  to  and  from 
school,  the  authority  of  the  teacher  may  be  considered  as 
concurrent  with  that  of  the  parent  or  guardian.  If  the 
pupils  in  coming  to  school,  or  in  going  from  it  to  their  homes 
commit  an  offence  against  the  civil  laws,  it  will  be  well  to 
leave  the  offenders  in  the  hands  of  judicial  or  parental  author- 
ity. But  if  the  children  quarrel  on  their  way,  or  are  wilfully 
tardy,  or  use  indecent  and  profane  language,  or  in  any  way 
by  their  conduct  injure  the  good  order  and  discipline  of  the 
school,  the  teacher  may  take  notice  of  such  conduct  by 
subjecting  the  offender  to  such  wise  and  judicious  treatment 
as  will  have  a  tendency  to  prevent  a  repetition  of  the  offence. 
In  such  cases  the  teacher  should  exercise  great  caution  not  to 
use  any  doubtful  authority,  or  any  questionable  modes  of 
correction. 

In  the  10th  Mass.  Report  Horace  Mann  thus  laid  down  the 
law  which  may  be  considered  as  still  prevailing:  "On  the 
one  hand  there  is  certainly  some  limit  to  the  jurisdiction  of  the 
committee  and  teachers,  out  of  school  hours  and  out  of  the 
schoolhouse;  and  on  the  other  hand,  it  is  equally  plain,  if 
their  jurisdiction  does  not  commence  until  the  minute  for 
opening  school  has  arrived,  nor  until  the  pupils  has  passed 
within  the  door  of  the  school-room,  that  all  the  authority 
left  to  them  in  regard  to  some  of  the  most  sacred  objects  for 
which  our  schools  were  instituted  would  be  of  little  avail. 
To  what  purpose  would  the  teacher  prohibit  profane  or 


160      Trustees :  Extent  of  Authority       [Part  I 

obscene  language  among  his  scholars  within  the  school-room 
and  during  school  hours,  if  they  could  indulge  in  it  with 
impunity  and  to  any  extent  of  wantonness  as  soon  as  the 
hour  for  dismissing  school  should  arrive?  To  what  purpose 
would  he  forbid  quarrelling  and  fighting  among  the  scholars, 
at  recess,  if  they  could  engage  in  single  combat  or  marshal 
themselves  into  hostile  parties  for  a  general  encounter  within 
the  precints  of  the  schoolhouse,  within  the  next  five  minutes 
after  the  schoolhouse  should  be  closed  ?  And  to  what  purpose 
would  he  repress  insolence  to  himself,  if  a  scholar,  as  soon  as 
he  has  passed  the  threshold,  might  shake  his  fist  in  his  teacher's 
face,  and  challenge  him  to  personal  combat  ?  These  considera- 
tions would  seem  to  show  that  there  must  be  a  portion  of 
time,  both  before  the  school  commences  and  after  it  has 
closed,  and  also  a  portion  of  space  between  the  door  of  the 
schoolhouse  and  that  of  the  parental  mansion,  where  the 
jurisdiction  of  the  parent  on  one  side  and  of  the  committee 
and  teachers  on  the  other  is  concurrent." 

The  state  sup't  of  N.  J.  says  in  the  New  York  School 
Journal,  March  3,  1900:  "The  school  law  of  N.  J.  provides 
that  every  teacher  shall  have  power  to  hold  every  pupil 
accountable  in  school  for  any  disorderly  conduct  on  the  way 
to  or  from  school,  or  on  the  playgrounds  of  the  school,  or 
during  recess.  So  far  as  I  know  this  right  has  never  been 
questioned." 

In  the  case  of  Samuel  Beatty  vs.  J.  R.  Randall,  St.  Louis 
Court  of  Appeals,  1899,  it  was  held,  "The  jurisdiction  of  the 
schoolboard  to  make  needful  rules  for  the  conduct  of  the 
pupils,  and  of  the  teachers  to  enforce  such  rules,  is  not 
confined  to  the  school-room  and  the  school  premises,  but  ex- 
tends over  the  pupil  on  his  road  from  his  home  to  school  and 
return."  Mo.  School  Journal,  May,  1899. 

It  was  remarked  in  the  Ohio  School  Law  for  1893  that  in 
general  the  courts  of  the  eastern  states,  notably  the  supreme 
court  of  Vermont,  in  their  decisions  sustain  the  authority  of 
the  teacher  and  the  doctrine  that  he  stands  in  loco  parentis 
much  more  fully  than  do  the  western  courts. 


District]        Outside  School  Grounds  161 

In  1859,  a  teacher  in  Bedford,  Ind.,  named  Ariel  Flynn, 
punished  a  boy  on  his  way  home  from  school  for  an  act  which 
the  teacher  saw  him  commit  at  that  time.  The  court  in- 
structed the  jury  that  although  the  defendant  as  a  teacher  was 
by  law  vested  with  the  delegated  authority  to  exercise  control 
over  the  boy  as  his  pupil  during  school  hours,  yet  after  the 
adjournment  of  his  school,  and  after  the  boy  had  left  him  and 
was  on  his  way  home,  his  authority  over  him  had  terminated, 
and  his  act  of  administering  correction  under  the  circumstan- 
ces was  unauthorized  by  law. — American  Educational 
Monthly,  ii.  297. 

But  recently  the  western  decisions  are  practically 
unanimous  in  conceding  concurrent  authority  to  the 
trustees.  The  California  law  of  1909  grants  it. 

The  supreme  court  of  Mich,  declared  in  1902  that  the 
principal  may  make  a  rule  that  children  shall  go  directly 
home  after  the  close  of  school.  He  may  enter  a  store  where 
children  are  and  order  them  home.  The  court  says:  "It  is 
not  only  the  legal  right  but  the  moral  duty  of  the  school 
authorities  to  require  children  to  go  directly  from  school  to 
their  homes."  (62  L  R  A  160) 

Judge  Norton  of  the  supreme  court  of  Mo.  said  in 
1902:  "The  effects  of  the  scholars  using  to  and  with 
each  other,  obscene  and  profane  language,  quarrelling 
and  righting  among  themselves,  would  necessarily 
be  felt  in  the  school  room." 

A  school  boy  ran  against  a  small  boy  on  the  playground  and 
injured  him,  so  that  he  had  to  be  sent  home.  The  offender 
was  requested  to  accompany  him,  but  refused,  and  was  ex- 
pelled by  order  of  the  school  board.  The  Mo.  court  of 
appeals  ruled  that  the  board  could  not  be  compelled  by 
mandamus  to  reinstate  him. 


162      Trustees :  Extent  of  Authority      [Part  I 

In  New  York,  the  decisions  of  the  state  superin- 
tendents have  uniformly  denied  that  the  teacher  has 
either  authority  or  responsibility,  following  the  pre- 
cedent established  in  the  following  paragraph  in  thr 
Digest  of  1844: 

The  authority  of  the  teacher  to  punish  his  scholars  extends 
to  acts  done  in  the  school-room  or  playground  only;  and  he 
has  no  legal  right  to  punish  for  improper  or  disorderly  conduct 
elsewhere. — Per  Spencer,  Sup't. 

Thus  Sup't  Gilmour  ruled:  "I  am  aware  of  the  existence 
of  no  law  under  which  trustees  or  teachers  have  the  right  to 
regulate  the  conduct  of  scholars  out  of  school  hours  and  when 
away  from  the  school." 

Sup't  Ruggles  wrote  Jan.  31,  1885:  "It  has  been  held  by 
this  Department,  that  a  teacher's  authority  over  pupils 
ceases  after  the  close  of  school  and  when  they  retire  from  the 
school-grounds." — 5.  B.  xii.  62. 

On  the  other  hand,  in  1882  a  Buffalo  principal  saw  two  of 
his  school-boys  after  school  fighting  outside  the  school 
premises,  and  sent  a  messenger  commanding  them  to  desist, 
and  come  to  him  at  once.  They  refused,  and  the  next  day 
when  they  came  to  school  he  punished  them.  He  was 
arrested  for  assault  and  battery,  and  brought  before  Justice 
King,  who  discharged  him,  ruling  that  one  of  the  most  import- 
ant duties  of  teachers  is  to  train  and  qualify  their  pupils  to 
become  useful  and  law-abiding  members  of  society;  this 
duty  cannot  be  effectively  performed  without  ability  to 
command  obedience,  and  reform  bad  habits;  to  enable  the 
teacher  to  exercise  this  salutary  sway,  he  is  armed  with  power 
of  the  parent,  that  is,  he  stands  in  loco  parentis,  and  is 
entitled  in  law  and  in  reason  to  employ  the  means  necessary 
to  answer  the  purpose  for  which  he  is  employed ;  and,  finally, 
that  the  teacher  has  jurisdiction  over  the  acts  of  pupils  com- 
ing to,  and  going  from  school,  if  those  acts  tend  to  subvert 
the  best  interests,  or  the  character,  of  the  school,  all  of  which 
is  well  settled  by  common  sense  and  law. — 5.  B.  viii.  136. 


District]       Outside  School  Grounds  163 

In  Nev.  it  is  made  a  misdemeanor  for  any  person  or  persons 
to  detain,  beat,  whip  or  otherwise  interfere  with  any  pupil  or 
pupils  attending  any  public  school  in  the  State  of  Nevada,  on, 
his,  her,  or  their  way  to  or  from  such  school,  against  the  will 
of  such  pupil  or  pupils. 

After  the  pupil  reaches  home,  the  rules  of  the  school 
have  no  authority  over  him.  (66  Mo  286) 

A  pupil  cannot  be  punished  in  school  for  not  having  done 
lessons  at  home,  when  forbidden  by  the  parent  to  do  so. 
"Ordinarily,  an  important  part  of  a  child's  education  is  the 
study  at  home,  but  there  the  child  has  been  punished  for 
disobedience  to  an  order  which  the  master  had  no  right  to 
make."  (13  Q  B  225) 

Nor  can  a  pupil  be  expelled  for  attending  a  social  party 
contrary  to  the  rules  of  the  school.  (35  Minn  309,  31  Mo 
533,  66  Mo  286) 

In  Mass.,  however,  it  was  held  that  Charlotte  A.  Sherman 
was  rightly  expelled  for  acts  of  immorality  and  licentiousness 
committed  out  of  school.  (8  Cush  160) 

It  has  been  decided  that  a  pupil  could  not  be  expelled  for 
reflecting  on  the  trustee  in  a  newspaper  article  (30  la  429),  but 
there  are  contrary  rulings  (53  L  R  A  787,  32  N  E  864, 
72  N  E  91,  citing  24  Pick  242,  245,  9  Cush  36,  42,  105  N  W 
686,  62  S  W872). 

On  Oct.  19,  1906,  a  member  of  the  senior  class  of  the  high 
school  at  St.  Croix,  Wis.,  wrote  verses  which  ridiculed  the 
rules  of  the  school,  and  two  younger  pupils  who  took  those 
verses  to  the  office  of  a  newspaper  published  in  the  village,  in 
which  it  was  afterward  printed,  were  suspended  by  the 
principal  till  they  should  apologize  and  pay  40  cts.  each. 
Petition  was  brought  to  reinstate  the  pupils.  The  court 
ruled  that  the  requirement  of  40  cts.  must  not  be  made  (56 
la  476,  9  N  W  356,  77  Mich  605,  43  N  W  996,  6  L  R  A  534). 
But  in  suspending  the  pupils  till  apology  was  made  the  teachers 
did  not  abuse  their  discretion,  but  showed  an  earnest  desire 
to  counsel,  admonish,  and  discipline  the  pupils  for  their  own 
good  as  well  as  the  good  of  the  school.  ( 1 16  N  W  232) 


164      Trustees :  Extent  of  Authority       [Part  I 

This  principle  has  been  most  frequently  questioned 
recently  in  the  relation  of  schoolboards  to  secret 
fraternities,  especially  when  the  meetings  were  out  of 
school  hours  and  oft  the  school  premises. 

The  officers  of  a  university  may  not  refuse  admission  to  or 
exclude  students  because  they  are  members  of  a  secret 
college  socity,  or  will  not  pledge  themselves  not  to  become  so. 

(42  Am  R  496,  48  Cal  36,  54  Cal  28,  71  111  383,  79  111  567,  87  111  303,  48  Ind 
327,  82  Ind  278, 18  Mich  400,  7  Nev  342) 

Yet  a  rule  of  the  Chicago  board  of  education  adverse  to 
secret  school  societies  is  held  to  be  neither  unreasonable  or 
unlawful  (84NE697). 

The  California  law  of  1909  says:  A  board  has  author- 
ity to  debar  members  of  high  school  fraternities  organ- 
ized against  its  will,  although  organized  with  consent 
of  parents  and  outside  of  school  hours,  from  partici- 
pating in  certain  privileges  attendant  on  membership  in 
the  school,  such  as  connection  with  athletic  teams,  musical, 
literary,  and  military  societies,  and  customary  commencement 
honors.  (43  Wash  441 ;  cf  137  111  A  187,  233  111  464) 

A  rule  of  the  school  forbidding  pupils  to  play  football 
under  auspices  of  the  school  is  not  unreasonable  or  in  excess 
of  the  Authority  of  the  board,  although  applied  to  conduct 
on  holidays  and  away  from  the  school  grounds.  (129  la  441) 


CHAPTER  XIII 
Trustees:  Rules  and  Regulations 

While  in  general  the  rules  for  any  particular  school 
will  depend  upon  its  peculiar  circumstances  and  must 
be  left  to  the  local  authorities,  there  are  some  kinds  of 
rules  of  such  universal  application  that  usage  has 
become  fixed  into  law  and  must  be  followed. 

It  has  been  decided  by  the  courts  that  whether  or  not  a  rule 
is  reasonable  is  a  question  of  law  for  the  court  to  decide  and 
not  one  of  fact  to  be  determined  by  a  jury.  (63  111  350,  48 
Vt  473) 

Any  rule  for  the  school,  not  interfering  with  the  rights  of 
children  or  parents,  or  in  conflict  with  humanity  and  the 
precepts  of  Divine  law,  which  tends  to  advance  the  object 
of  the  law  in  establishing  public  schools,  must  be  considered 
reasonable  and  proper.  (31  la  562) 

In  1907  the  American  and  English  Annotated  Cases 
made  this  summary  (vi.  998)  of  rules  that  have  been 
held  reasonable: 

Suspending  a  pupil  unnecessarily  absent  or  tardy.  (31  la 
562,  71  Mo  628,  48  Vt  444) 

Requiring  tardy  pupils  to  report  to  a  member  of  the  school 
committee.  ( 1 16  Mass  366) 

Requiring  tardy  pupils  to  remain  in  the  hall  till  the  con- 
clusion of  the  opening  exercises.  (Ill  Ind  472,  486) 

Requiring  pupils  to  go  directly  home  from  school.  (132 
Mich  13) 

Prohibiting  pupils  from  fighting  and  using  profane  lan- 
guage after  leaving  school.  (85  Mo.  485) 

Prohibiting  members  of  Greek  fraternity  from  participating 
in  debating  clubs  and  athletic  organizations  of  a  high  school. 
(86  Pac  642)  See  page  164. 

(165) 


166      Trustees :  Rules  and  Regulations  [Part  I 

Apportioning  pupils  among  the  schools  so  as  to  receive  the 
benefits  of  proper  instruction.  (26  111  A  476) 

Requiring  pupils  to  spend  a  certain  period  of  time  in  the 
study  and  practice  of  music.  (108  Ind  31) 

Requiring  preparation  of  a  rhetorical  exercise.  (29  Ohio 
St  89,  32  Vt  224) 

It  summarizes  these  as  held  to  be  unreasonable: 

Barring  doors  against  tardy  children  in  cold  weather.  (63 
111  353) 

Prohibiting  children  just  arrived  at  school  age  from  entering 
except  during  the  first  month  of  several  terms.  (85  111  A  92, 
180  Mass  20) 

Prohibiting  pupils  under  care  of  parents  from  attending 
parties,  entertainments,  etc.,  except  by  permission.  (24  Mo  A 
309,  32  Mo  A  536,  66  Mo  286) 

Requiring  a  pupil  to  pay  for  wanton  destruction  of  school 
property.  (9  Am  St  820,  1 16  Ind  1 1,  56  la  479,  77  Mich  605) 

Requiring  pupils  large  enough  upon  returning  from  play- 
ground each  to  bring  in  a  stick  of  wood  for  the  stove.  (63 
Wis  234) 

Requiring  pupils  to  pursue  the  study  of  a  certain  subject 
against  the  will  of  the  parent.  (87  111  303,  50  la  145,  31  Neb 
552,  35  Wis  59) 

The  discretion  of  a  schoolboard  can  not  be  inter- 
fered with  as  to  a  matter  within  its  jurisdiction. 

(35  la  445,  73  la  134,  93  la  269,  124  la  355,  129  la  998) 

In  determining  whether  a  rule  is  reasonable  the 
court  must  inquire  whether  it  is  calculated  to  promote 
the  objects  for  which  the  school  was  established. 
(85  111  A  95,  citing  79  111  567) 

Acts  of  school  officers  will  not  be  reversed  when 
substantially  in  accordance  with  the  law.  (50  N  E 
559) 


District]  What  Rules  are  Reasonable          167 

In  Somerville,  Mass.,  a  special  teacher  lost  her  pocket-book. 
Suspicion  was  directed  to  a  pupil,  who  was  searched,  most  of 
her  clothing  being  removed.  The  pocket-book  was  not 
found,  and  the  teachers  were  sued  for  $  1, 000.  Judge  Sherman 
ruled  that  there  were  but  two  points  for  the  jury  to  pass  upon: 
(1)  was  there  malice  on  part  of  teachers;  (2)  were  there 
suspicious  circumstances  warranting  effort  to  learn  whether 
the  child  had  the  pocket-book.  The  jury  decided  in  favor 
of  the  teachers. 

Pupils  must  not  be  compelled  to  do  janitor  work, 
like  building  fires,  or  sweeping  the  schoolhouse.  (97 
111  375,  63  Wis  234)  Compare  pages  115,  168. 

In  1856,  Judge  Cutting  of  the  Supreme  Court  of  Maine 
decided  that  a  boy  attending  school  might  be  required  by  the 
teacher  to  build  the  fire  at  the  schoolhouse  his  proportion  of 
the  time,  and  sustained  the  teacher  for  flogging  a  boy  because 
he  refused  to  make  a  fire.  (N.  Y.  Teacher,  vi.  432)  But 
this  decision  stands  alone,  and  is  not  good  law. — 38th  Mass. 
Re  port,  p.  151. 

A  child  who  wantonly  carries  dirt  into  the  school-room,  or 
litters  paper  over  the  floor,  may  be  required  to  gather  up  such 
refuse  as  has  been  scattered.  But  this  is  as  a  punishment. 
It  may  be  very  desirable,  under  certain  circumstances,  to 
have  such  work  done  to  save  money ;  but  no  court  will  sustain 
a  board  in  suspending  a  pupil  for  refusal  to  do  the  work  thus 
required.  (56  la  176) 

In  New  York  the  law  confers  upon  trustees  no  power 
to  inflict  pecuniary  fines  '(T)  2091),  even  for  injury  to 
school  property. 

(56  la  476.  18  N  E  266,  43  N  W  996,     Compare  2  111  A  584) 

Sup't  Ruggles  of  New  York  wrote,   Dec.  31,    1885,  that 

pupils  might  be  disciplined  for  refusing  to  make  good  damages 

to  school  property. — 5.  B.  xiii.  62. 

Ariz,  imposes  a  fine  of  50  cts.  and  the  cost  of  the    book 

upon^any  one  losing  or  destroying  a  library  book,  and  a  fine  of 


168    Trustees :  Rules  and  Regulations     [Part  I 

not  less  than  10  cts.  for  soiling  it.  Maine  imposes  a  fine  of 
$10  upon  any  minor  who  defaces  the  schoolhouse  or  out- 
buildings by  obscene  writing  or  marks,  and  his  parents  may 
be  compelled  to  pay  double  the  damage.  Cal.,  Mont.,  N.  J., 
Utah,  and  Wash,  make  the  parents  liable  for  damage. 

Fla.  imposes  imprisonment  not  exceeding  15  days,  and 
fine  not  exceeding  $100  upon  any  one  who  defaces  a  school- 
building  or  appurtenances  by  obscene  writing,  but  exempts 
pupils  of  the  school  from  this  penalty. 

Ariz.,  Cal.,  Mont.,  N.  J.,  Ore.,  Utah,  and  Wash,  make 
pupils  who  injure  or  deface  school  property  subject  to  sus- 
pension or  expulsion. 

In  la.  a  pupil  broke  a  window  costing  about  $3  while  play- 
ing ball.  The  parents  refused  payment, and  the  superintend- 
ent expelled  the  pupil  with  the  ratification  of  the  trustees, 
but  the  court  held  that  they  had  no  right  to  promulgate  or 
enforce  such  rule.  Judges  Rothrock  and  Sweevers  dissented 
and  quoted  from  the  code  to  sustain  their  dissent,  but  the  boy 
was  reinstated.  (56  la  476) 

Rules  may  doubtless  be  made  forbidding  the  use  of 
tobacco  in  the  schoolhouse  or  on  the  school-grounds. 

Ark.  especially  provides  that  the  trustees  may  enforce  a 
rule  against  the  use  of  tobacco  or  whiskey,  or  the  carrying  of 
deadly  weapons. 

But  the  teacher  may  not  enforce  such  a  rule  against  the  will 
of  the  trustees.  See  page  156. 

Sup't  Ruggles  ruled  in  1885  that  a  teacher  had  the  right  to 
forbid  the  use  of  tobacco  by  pupils  as  the  school  provides. — 
5.  B.  xii.  62 

Arizona  provides  that  pupils  who  go  to  school  with- 
out proper  attention  to  personal  cleanliness  and  neat 
apparel  shall  be  sent  home  to  make  proper  preparation, 
or  shall  be  required  to  prepare  therrselves  at  the 
schoolhouse  before  entering  the  schoolroom. 


District]  Special  Instances  169 

It  adds  that  every  school-room  shall  be  properly  provided 
with  a  wash-basin,  soap,  and  towels.  If  so  there  should  be 
an  abundance  of  towels.  There  has  been  wide  complaint 
where  children  have  been  forced  to  use  the  same  towel  with 
many  others,  with  liability  to  contract  contagious  disease. 
East  Orange,  N.  J.,  furnishes  paper  towels,  a  fresh  one  for 
every  use. 

Ariz,  also  gives  power  to  exclude  children  for  filthy  or 
vicious  habits. 

A  little  girl  of  foreign  parentage  in  a  Brooklyn  school  was 
sent  home  for  a  bath,  whereupon  her  mother  indignantly 
protested  that  the  child  was  'sewed  up  for  the  winter'. 

The  teacher  has  no  right  to  impose  his  notion  of 
attire  upon  pupils.  Their  clothes  must  be  whole  and 
neat,  but  they  need  not  follow  any  prescribed  fashion. 

Sup't  Weaver  of  New  York  decided  April  6,  1874,  that  a 
child  could  not  be  expelled  for  wearing  the  hair  in  a  way  for- 
bidden by  the  teacher  but  approved  by  the  mother. 

Left -handed  children  may  be  urged  to  use  the  right 
hand,  but  should  seldom  be  compelled  to  do  so. 

As  to  the  right  of  the  teacher  to  require  left-handed  chil- 
dren to  write  with  their  right  hand,  the  Department  will  not 
lay  down  any  general  rule  upon  the  subject.  If  a  left-handed 
child  can  be  taught  to  use  the  right  hand  in  writing,  it  should 
be  done ;  but  when  a  child  has  always  used  his  left  hand,  and 
has  come  to  be  12  or  14  years  of  age,  it  seems  very  doubtful 
whether  it  is  practicable  to  change  the  habit,  and  therefore 
doubtful  whether  the  teacher  should  insist  upon  it.  (D  4048) 


CHAPTER  XIV 
Trustees:  Hours  of  School 

The  hours  of  school  are  usually  six, — 3  in  the  morn- 
ing and  3  in  the  afternoon,  with  recesses  in  the  middle 
of  each  session  of  10  minutes  for  the  boys  and  10 
minutes  for  the  girls. 

Unless  there  is  specification  in  the  contract,  it  is  understood 
that  the  hours  of  school  are  those  customary  in  the  district. 

The  school  law  does  not  prescribe  the  hour  when  schools 
shall  be  opened,  nor  the  number  of  hours  during  which  they 
shall  be  kept  open.  Custom,  it  is  true,  fixes  the  period  some- 
where between  the  hours  of  8  a.  m.,  and  5  p.  m  ,  but  this 
custom  may  be  departed  from,  at  the  discretion  of  the  trus- 
tees, and  to  suit  the  wants  of  the  pupils. 

Recess  belongs  to  the  pupil,  especially  the  noon 
intermission.  Compare  page  157. 

A  pupil  was  denied  the  privileges  of  the  school  because  he 
persisted  in  leaving  the  school-grounds  during  the  noon  recess. 
Held,  an  insufficient  cause;  that  the  teacher  has  no  claim 
upon  the  pupil's  time  during  the  recess.  (D  3698) 

The  Arizona  law  says  no  pupil  shall  be  detained  in  school 
during  the  intermission  at  noon,  and  a  pupil  detained  at  any 
recess  shall  be  permitted  to  go  out  immediately  thereafter. 
All  pupils,  except  those  detained  for  punishment,  shall  be 
required  to  pass  out  of  the  school- rooms  at  recess,  unless  it 
would  occasion  an  exposure  of  health. 

Obvious  hygienic  requirements  make  separate  recesses  for 
each  sex  indispensable  where  the  playgrounds  are  not  wholly 
distinct.  But  this  last  is  now  required  in  New  York  (116),  and 
and  is  becoming  so  in  other  states. 

In  some  schools  no  recesses  are  given,  the  session  being 
shortened  proportionally.  It  is  becoming  customary  to 
dismiss  primary  classes  before  the  close  of  each  session,  and 
is  usually  advisable. 

(170) 


District]  Hours  of  School  171 

Ariz,  requires  that  the  session  shall  begin  at  9  o'clock  and  end  at  4,  with 
an  intermission  from  12  to  1,  and  recesses  from  10.40  to  11.  and  from  2.40  to 
3.  In  primary  schools  where  the  average  age  of  the  pupils  is  8  years,  the 
daily  sessions  shall  not  exceed  4  hours  a  day,  exclusive  of  intermission  and 
recesses ;  where  it  is  under  8  years,  the  confinement  in  school  must  not  exceed 
3M  hours.  Ore.  has  a  similar  provision.  Cal.  limits  the  number  of  school- 
houi  s  to  6,  and  forbids  that  pupils  under  8  shall  be  kept  in  school  more  than 
4  hours. 

Mont.,  Ore.,  Wash.,  name  6  hours  for  pupils  over  8,  but  permit  the  trustees 
to  order  fewer.  Va.  prescribes  that  no  school  shall  be  taught  fewer  than  6 
hours;  Fla.  not  more  than  6  or  fewer  than  5. 

Mont.,  Ore.,  Wash.,  give  the  teacher  power  to  dismiss  all  scholars  under  8 
after  a  4  hours  session. 

It  has  usually  been  held  that  teachers  may,  at  their 
discretion,  detain  scholars  a  reasonable  time  after  the 
regular  school  hours,  for  reasons  connected  with  the 
discipline,  order,  or  instruction  of  the  school. 

This  practice  has  been  sanctioned  by  general  usage,  and  by 
the  authority  of  school  boards,  expressed  or  implied.  There 
is  in  most  states  no  law  denning  precisely  school  hours,  as 
they  are  termed,  or  the  hours  within  which  schools  are  to  be 
kept.  This  is  regulated  by  usage,  or  by  the  directions  of 
school  boards,  varying  in  different  localities,  and  also  in 
different  seasons  of  the  year.  The  practice  under  considera- 
tion, of  occasionally  detaining  pupils  after  the  regular  school 
hours  for  objects  connected  with  the  school  arrangements, 
rests  upon  precisely  the  same  authority. 

It  is  questionable,  however,  whether  under  the 
restrictions  placed  in  New  York  upon  the  teacher's 
authority  (see  page  162),  this  custom  is  legal.  If 
the  teacher's  authority  is  limited  to  the  school-grounds 
it  would  seem  to  be  limited  by  the  school  hours.  la. 
forbids  the  teacher  to  detain  the  pupil  after  school 
against  the  wish  of  the  parent. 


CHAPTER  XV 
Trustees:  School  Attendance 

The  most  important  rules  are  those  in  relation  to 
attendance. 

In  many  states  the  right  to  be  educated  in  common 
schools  is  entirely  legislative.  (40  How  Pr  249)  g| 

But  in  New  York  it  is  a  provision  of  the  constitution 
(Art  9,  Sec.  1) : 

Common  schools.  The  legislature  shall  provide 
for  the  maintenance  and  support  of  a  system  of  free 
common  schools,  wherein  all  the  children  of  this  state 
may  be  educated. 

The  conditions  under  which  the  child  may  attend  are 
however  a  matter  of  legislation. 

The  schools  are  free  to  all  persons  over  5  and  uad-ir 
21  years  of  age  residing  in  the  district.  (568,  26  111  A 
476,  85  111  A  92) 

If  there  be  a  free  kindergarten  legally  established,  children 
over  4  years  are  counted  as  of  school  age.  Otherwise  the 
apportionment  is  made  upon  the  attendance  of  children  fo 
from  5  to  18  years. 

It  is  the  duty  of  a  town  supporting  a  pauper  to  pay  for  his 
education  in  the  town  where  the  schoolhouse  is.  (Poorhouse 
vs.  Town  of  Sheldon,  Vt.  1902) 

Children  of  school  age,  in  the  trustee's  report,  in- 
clude all  children  over  5  and  under  18  years  of  age, 
who  on  the  June  30  last  preceding  the  date  have 
been  actually  in  the  district,  comprising  a  part  of  the 
family  of  their  parents,  guardians,  or  employers, 
residing,  even  but  temporarily,  in  the  district :  but  not 

(172) 


District]        Admission  of  Children  173 

including  the  children  of  a  family  residing  in  another 
district  in  which  such  children  may  be  by  law  included 
in  the  report  to  its  trustees ;  nor  any  children  support- 
ed at  a  county  poor-house  or  orphan  asylum,  nor  any 
Indian  children  on  reservations  provided  with  separate 
schools.  (198) 

A  Catholic  orphan  asylum  is  not  a  public  school.  (13  Barb 
400,  34  How  Pr  227,  16  Nev  373) 

But  if  the  children  in  such  asylum  are  sent  to  the  public 
schools  for  tuition  they  must  be  received  as  residents.  Some 
of  the  orphan  asylums  in  Syracuse  do  this. 

As  a  general  rule,  if  the  child  whose  parents  or  guardians 
live  out  of  the  district  is  residing,  even  if  temporarily,  in  the 
district  in  good  faith  and  not  to  avoid  payment  of  tuition, 
such  child  should  be  enumerated;  otherwise  in  the  district 
where  its  parents  or  guardians  reside.  Children  visiting  or 
boarding  are  to  be  enumerated  where  they  permanently  reside. 
(1886— Sup' t  Morrison.) 

A  resident  child  of  non-resident  parents  is  a  bona  fide 
resident.  (3  A  &  E  A  692) 

The  parent  or  guardian  may  appoint  his  place  of  residence. 
(5  Pick  26,  4  Allen  462,  74  Wis  48) 

A  man  may  reside  in  one  place  and  have  his  domicil  in 
another.  (58  Me  207,  13  L  R  A  158) 

The  parent  cannot  claim  right  to  select  the  school.  (13 
Abb  Pr  159) 

A  father  with  whom  his  minor  child  is  living  may  bring 
mandamus  to  compel  his  admission  to  public  schools.     (84* 
Pac382) 

In  Pa.  the  decision  of  trustees  that  children  are  not  resi- 
dents cannot  be  reviewed.  (64  Atl  247) 

For  full  discussion  of  residence  see  N.  E.  Journal  of  Ed'n, 
Feb.  16,  1905. 

Nonresidents  of  district,  if  otherwise  competent, 
may  be  admitted  into  the  school  of  a  district  or  city, 


174        Trustees :  School  Attendance     [Part  I 

upon  the  consent  of  the  trustees,  or  the  board  of  ed- 
ucation, upon  such  terms  as  they  shall  prescribe. 
(568,  55  Neb  317,  75  N  W  855) 

If  such  nonresident  pupils,  their  parents  or  guardians,  are 
liable  to  be  taxed  for  the  support  of  said  schools  in  such 
district  or  city,  on  account  of  owning  property  therein,  the 
amount  of  any  such  tax  paid  by  a  nonresident  pupil,  his 
parent  or  guardian,  during  the  current  school  year,  must 
be  deducted  from  the  charge  for  tuition.  (568) 

When  so  admitted,  the  teacher  may  not  refuse  to  instruct 
them.  (604) 

In  Tenn.  a  statute  requiring  a  board  of  education  vested 
with  title  to  all  school  property  within  the  limits  of  a  city, 
and  which  receives  state  aid  in  the  maintainance  of  its  schools, 
to  admit  thereto,  free  of  charge,  all  children  living  within 
]/2  mile  of  the  city  limits,  is  held  not  to  deprive  it  of  its 
property  without  just  compensation.  (58  L  R  A  170) 

No  person  may  be  refused  admission  into  or  be 
excluded  on  account  of  race  or  color.  (980) 

(71111 383, 127  111  613,  179  111  615,193  111  309, 26  111  A  319,  51  Pac  741  But 
see  41  Atl  126) 

Union  free  schools  may  establish  separate  colored  schools 
(981).  See  page  399. 

Without  statutory  authority  trustees  cannot  exclude 
a  colored  child.  (91  Pac  88) 

No  child  or  person  not  vaccinated  may  be  admitted 
or  received  into  any  of  the  public  schools  of  the  state, 
and  the  trustees  or  other  officer  having  the  charge, 
management  or  control  of  such  schools  must  cause 
this  provision  of  law  to  be  enforced.  (49:1909) 

They  may  adopt  a  resolution  excluding  such  children 
and  persons  not  vaccinated  from  such  school  until  vaccinated, 
and  when  any  such  resolution  has  been  adopted,  they  must 
give  at  least  10  days  notice  thereof,  by  posting  copies  of 
the  same  in  at  least  2  public  and  conspicuous  places  within 


District]  Vaccination  175 

the  limits  of  the  school  government,  and  announce  therein 
that  due  provision  has  been  made,  specifying  it,  for  the 
vaccination  of  any  child  or  person  of  suitable  age  desiring 
to  attend  the  school,  and  whose  parents  or  guardians  are 
unable  to  procure  vaccination  for  them,  or  who  are,  by  reason 
of  poverty,  exempt  from  taxation  in  such  district.  (49:1909) 

Such  trustees  or  board  may  appoint  a  competent  physi- 
cian and  fix  his  compensation,  who  must  ascertain  the  number 
of  children  or  persons  in  a  school  district,  or  in  a  subdivision 
of  a  city  school  government,  of  suitable  age  to  attend  the 
common  schools,  who  have  not  been  vaccinated  and  furnish 
such  trustees  or  board  a  list  of  their  names.  Every  such 
physician  must  provide  himself  with  good  and  reliable 
vaccine  virus  with  which  to  vaccinate  such  children  or  persons 
as  such  trustees  or  board  shall  direct,  and  give  certificates 
of  vaccination  when  required,  which  are  evidence  that  the 
child  or  person  to  whom  given  has  been  vaccinated.  The 
expenses  incurred  in  carrying  into  effect  the  provisions 
of  this  and  the  preceding  section  are  deemed  a  part  of  the 
expense  of  maintaining  such  school,  and  must  be  levied 
and  collected  in  the  same  manner  as  other  school  expenses. 
The  trustees  of  the  several  school  districts  of  the  state  must 
include  in  their  annual  report  the  number  of  vaccinated 
and  unvaccinated  children  of  school  age  in  their  respective 
districts.  (49:1909) 

No  school  law  has  caused  more  discussion  than  this.  (103  Am  St  859, 
48  Atl  873,  64  Art  419,  65  Conn  183,  SDR  732,  167  111  67,  177  111  572,  60  111  A 
291,  66  111  A  159,  25  L  R  A  152,  29  L  R  A  251,  37  L  R  A  157,  50  L  R  A  64, 
58  L  R  A  78,  70  L  R  A  796,  72  N  E  97,  81  N  E  568  84  N  E  1046,  47  N  W  81, 
68  N  W  1036  70  N  W  347,  162  Pa  476,  192  Pa  349,  198  Pa  638,  60  Pac  1013, 
95  Wis  390.  See  Pa.  School  Journal,  June  1906;  Am.  School  Board  Journal, 
Jan.,  1908,  July  1909) 

It  was  held  in  an  Illinois  decision  that  in  the  absence  of  small-pox  in  the 
community  or  cause  to  apprehend  the  appearance,  vaccination  cannot  be 
compelled  as  a  condition  precedent  to  admission.  Neither  the  city  of 
Geneseo.  nor  the  board  of  health,  nor  the  board  of  health  of  the  state  of 
Illinois,  has  power  to  require  compulsory  vaccination  except  in  public 
contingency  or  threatened  epidemic. 

It  may  likewise  be  required  of  the  teacher.  (Lyn- 
dell  vs.  H.  S.  Com.,  Pa.  1902.) 


176       Trustees :  School  Attendance       [Part  I 

In  Pa.  the  duty  of  excluding  un vaccinated  children 
is  imposed  on  principals,  not  on  school  boards.  (67 
Atl  56,  69  Atl  734) 

It  has  been  held  that  a  rule  that  children  under 
eleven  cannot  enter  school  except  at  the  beginning  of 
the  fall  term  is  reasonable  (61  N  E  253) .  See  page  166. 

On  the  other  hand  it  has  been  held  that  a  rule  that  caused 
a  child  who  arrived  at  school  only  31  days  after  the  fall 
term  commenced  to  lose  the  benefits  of  the  free  school  not 
only  during  that  term  but  during  the  following  winter  term, 
was  not  a  reasonable  one,  or  calculated  to  promote  the  objects 
of  the  law.  (85  111  A  92) 

Trustees  have  authority  to  make  and  to  enforce 
rules  as  to  regularity  of  attendance.  (116  Mass  366) 

The  parent  has  no  right  to  interfere  with  the  order  of 
the  school  or  the  progress  of  other  pupils  by  sending  his 
own  child  at  times  and  in  condition  or  under  restrictions 
that  will  prove  an  annoyance  and  hindrance  to  others. 
(31  la  562) 

This  view  of  the  authority  of  the  trustees  has  been 
extended  to  the  following  special  cases : 

In  1874,  two  girls  in  the  Dover  (N.  H.)  high  school  refused 
to  attend  examination  and  graduate  in  the  city  hall  on  the 
ground  that  it  was  too  public.  The  principal  suspended 
them.  The  parents  applied  to  Judge  Doe  for  an  injunction 
against  the  suspension,  and  the  case  was  referred  to  the  full 
bench  at  Concord.  The  application  was  denied,  on  the 
ground  that  the  subject-matter  was  within  the  jurisdiction 
and  discretion  of  the  school  authorities. 

In  1874,  certain  Catholic  children  of  Brattleboro  were 
expelled  from  the  schools  for  attending  mass  on  the  holy 
day  of  Corpus  Christi,  though  their  pastor,  Father  Lane,  had 
asked  permission  from  the  committee  for  their  non-attend- 
ance at  school  that  morning.  Judge  Barrett,  of  the  Supreme 
Court,  decided  that  the  committee  were  legally  justified  in 


District]  Regularity  Required  177 

acting  as  they  did ;  and  went  on  to  show  that  school  commit- 
tees are  supreme  in  their  rights  over  parents;  that  a  citizen 
has  no  more  right  to  disregard  the  rules  made  by  a  school 
committee  than  he  has  to  defy  the  law  by  which  the  com- 
mittee was  empowered.  He  said  that  if  parents  be  allowed 
to  set  their  wishes  against  the  rules  of  the  trustees,  then 
practically  the  ground  of  system,  order,  and  improvement 
has  no  existence,  and  it  makes  no  difference  so  far  as  its  effect 
on  the  school  is  concerned  whether  the  detention  involves  con- 
science, will,  whim,  or  the  pocket.  (48  Vt.  444) 

In  1875,  a  Jewish  girl  was  expelled  from  the  Sherwin  school, 
Boston,  for  not  attending  the  Saturday  sessions. 

The  father  sent  a  petition  to  the  board.  That  petition 
was  referred  to  the  Sherwin  committee.  They  heard  the 
father's  statement.  He  explained  why  he  had  kept  the  child 
from  the  school,  and  the  position  of  the  Israelites  in  respect 
to  Saturday,  their  Sabbath.  He  asked  that  he  might  be 
permitted  to  send  his  child  to  school  5  days  in  the  week, 
keeping  her  from  school  every  Saturday.  It  was  explained 
to  him  why  the  committee  could  not  officially  make  such  an 
exceptional  arrangement.  They  respected,  however,  the 
father's  scruples  in  regard  to  work  on  the  Sabbath,  and 
agreed  that  the  child  might  be  excused  on  Saturdays  from 
what  he  regarded  as  "manual  labor"— writing,  ciphering, 
and  the  like.  The  father  seemed  satisfied  with  the  action 
of  the  committee ;  and  his  child  has  ever  since  been  a  regular 
attendant  upon  the  school. 

It  is  therefore  safe  to  consider  this  has  been  the 
prevailing  law,  at  least  in  the  eastern  states.  But  we 
believe  it  is  sometimes  earned  so  far  as  to  work  our 
school  system  serious  injury. 

In  the  last  case  we  have  intolerance  enforcing  hypocrisy. 
The  child's  religion  either  does  forbid  her  to  work  on  the 
Sabbath,  or  it  does  not.  If  it  does  not,  there  is  no  reason 
why  she  should  not  "write,  cipher,  and  the  like",  as  well  as 
the  rest.  If  it  does,  then  she  should  not  attend  school  at  all. 
Her  presence,  under  these  conditions,  teaches  every  Christian 


178       Trustees :  School  Attendance       [Part  I 

pupil  in  school  that  one's  lesson  may  be  studied  or  any  men- 
tal labor  done  on  Sunday  which  does  not  involve  "writing, 
ciphering,  and  the  like". 

Excuses  from  parents  or  guardian  may  be  exacted 
in  case  of  absence  or  tardiness  (13  111  A  520,  27 
Vt755).  Seepage  185. 

In  Indiana  a  teacher  may  chastise  a  pupil  for  refusing  to 
give  an  excuse  for  absence  without  leave.  (69  Ind  295) 

In  Ore.  teachers  are  authorized  to  require  excuses  from  par- 
ents or  guardian  of  pupils,  either  in  person  or  by  written  note 
in  all  cases  of  absence  or  tardiness  or  dismissal  before  the  close 
of  the  school,  and  no  excuse  shall  be  deemed  valid  except 
that  of  sickness  or  necessary  employment.  The  teacher 
shall  be  the  judge  of  the  sufficiency  of  excuses,  subject  to 
an  appeal  to  the  directors;  provided,  that  boards  of  directors 
may,  by  formal  adoption,  change  the  character  of  the  excuses 
which  shall  be  deemed  valid. 

The  Arizona  law  says  teachers  shall  require  excuses  from 
the  parents  or  guardians  of.  pupils,  either  in  person  or  by 
written  notes,  in  all  cases  of  absence  or  tardiness,  or  of  dis- 
missal before  the  close  of  school.  Sickness  of  the  pupils, 
or  in  the  family,  or  some  urgent  cause  rendering  attendance 
and  punctuality  impossible,  or  extremely  inconvenient, 
shall  be  regarded  as  the  only  legitimate  excuse  for  absence 
or  tardiness. 

Among  the  rules  established  by  the  board  in  a  certain 
district  was  this:  "All  pupils  will  be  required  to  bring 
written  excuses  from  their  parents  to  teachers  for  absence, 
and  such  excuses  must  be  satisfactory  and  reasonable, 
otherwise  they  will  not  be  granted."  The  court  commented 
upon  the  rule  as  follows:  "The  rule  in  question  is  not  a 
hard  or  harsh  one.  It  does  not  of  itself  indicate  any  sinister 
or  malevolent  purpose,  or  wicked  force,  on  the  part  of  the 
directors.  It  does  not  trench  upon  the  rights  or  dignity 
of  any  one.  We  instantly  and  properly  repel  any  encroach- 
ment upon  our  rights  as  citizens.  We  have  a  proper  pride 
and  ambition  in  maintaining  these  rights  under  any  and 


District]  Tardiness  179 

all  circumstances.  But  I  am  utterly  unable  to  understand 
how  this  simple  rule  or  regulation,  requiring  the  pupil  in 
certain  cases  to  bring  a  written  excuse  from  its  parents  to 
the  teacher,  is  an  attack  upon,  or  an  abridgment  of,  our 
inalienable  rights  as  citizens  of  this  free  country."  (13  111 
A  520) 

Tardiness  is  among  the  most  serious  obstacles  to 
successful  discipline  and  instruction,  and  may  be 
rigorously  suppressed. 

Tardiness,  that  is,  arriving  late,  is  a  direct  injury  to  the 
whole  school.  The  confusion  of  hurrying  to  seats,  gathering 
together  books,  etc.,  by  tardy  ones,  at  a  time  when  all  should 
be  at  study,  cannot  fail  to  greatly  impede  the  progress  of 
those  who  are  prompt  and  regular  in  attendance.  The  rule 
requiring  prompt  and  regular  attendance  is  demanded  for 
the  good  of  the  whole  school.  (31  la  562,  111  Ind  472) 

In  Oregon  tardiness  for  more  than  one  hour  counts  as  a 
half -day's  absence  in  reckoning  the  absence  for  which  a 
pupil  may  be  suspended. 

In  1853,  the  superintendent  decided  that  "teachers 
have  the  right  to  close  the  doors  of  their  school-room 
against  all  pupils  who  may  claim  admission  fifteen 
minutes  after  the  time  of  opening  the  school."  (D 
1687).  Later  decisions  have  ruled  tjiat  the  teacher 
should  not  keep  tardy  pupils  in  the  entry,  especially 
in  cold  weather  (605,  87  111  303).  Seepages  165,  6. 

In  Wisconsin,  the  superintendent  decides  that  "to  lock 
the  door  against  tardy  pupils,  say  at  ten  o'clock,  is  of  doubt- 
ful propriety.  The  schoolhouse  is  a  public  place.  The 
tardiness  may  not  be  the  fault  of  the  child.  It  might  be  a 
serious  discomfort  to  the  child  to  be  turned  back  home. 
Let  the  school  be  made  attractive."  And  again:  "Tardi- 
ness is,  of  course,  a  great  annoyance.  It  is  difficult  to  say 
how  far  the  courts  would  sustain  rules  excluding  pupils  from 
school  for  being  late.  It  is  doubtful  whether  it  is  good 


180       Trustees :  School  Attendance       [Part  I 

policy  to  turn  tardy  scholars  into  the  street,  perhaps  to  get 
into  mischief;  perhaps  to  suffer  from  cold,  from  waiting 
outside;  certainly  to  lose  more  time.  Persuasion,  attractive 
lessons  in  the  morning,  an  attractive  school,  privation  of 
recesses,  final  degradation  to  a  lower  class  if  all  fails,  would 
perhaps  be  better  remedies." — Wis.  Journal  of  Ed*n,  1877, 
p.  125. 

One  of  the  pupils  in  one  of  the  public  schools  of  Shelbyville, 
Ind.,  came  to  the  school-room  door  on  an  extremely  cold 
morning  in  Jan.,  1885,  and  found  it  locked.  She  therefore 
returned  to  her  home  through  the  cold  and  snow,  and  as  a 
result  both  feet  were  frozen  and  permanently  injured.  Judge 
Niblack  said  that  tardiness  is  a  recognized  offence  against 
the  good  order  and  proper  management  of  all  schools,  and 
that  a  tardy  pupil  ought  not,  therefore,  to  complain  of  some 
inconvenience  or  annoyance  of  having  to  remain  in  some 
other  part  of  the  building  for  the  short  period  of  time  required 
to  complete  the  morning  exercises;  but  he  said  that  in 
enforcing  such  a  rule,  due  regard  must  be  had  to  the  health, 
comfort,  age,  and  mental  circumstances  attending  each 
particular  emergency. 

He  went  further,  and  said  that  teachers  should  relax 
somewhat  from  the  strict  enforcement  of  rules  in  cases  of 
physical  or  mental  infirmity,  and  that  no  rule,  however 
reasonable  it  might  be  in  its  general  application,  should  be 
enforced  when  that  would  inflict  actual  or  unnecessary 
suffering.  He  said  that  the  habit  of  locking  the  door  during 
the  morning  exercises  was  not  unreasonable  under  ordinary 
circumstances,  but  that  when  done  on  an  extremely  cold 
morning,  special  care  and  attention  should  be  given  to  such 
pupils  as  might  be  obliged  to  wait  in  some  other  part  of  the 
building.  (69  Ind  295) 

(12  Allen  127,  8  Cush  160,  79  111  567,  87  111  303,  56  la  476,  38  Me  376, 
105  Mass  475,  59  N  H  473,  29  Ohio  89,  23  Pick  L24,  32  Vt  224,  24  Wis  683. 
35  Wis  59,  63  Wis  234) 

Absence  is  also  a  direct  interference  with  both  the 
discipline  and  the  progress  of  the  school  and,  reason- 
able regulations  against  it  may  be  enforced. 


District]  Absences  181 

In  Mo.,  suspension  for  6  half  days'  absence  in  4  consecutive 
weeks  has  been  upheld,  and  in  la.  for  6  half  days'  absence 
and  2  instances  of  tardiness  in  the  same  time.  In  this  last 
case,  Judge  Beck  said:  "It  requires  but  little  experience  in 
the  instruction  of  children  and  youth  to  convince  any  one 
that  the  only  means  which  will  assure  progress  in  their 
studies  is  to  secure  their  attendance,  the  application  of  the 
powers  of  their  mind  to  the  studies  in  which  they  are  instruct- 
ed. Unless  the  pupil's  mind  is  open  to  receive  instruction, 
vain  will  be  the  effort  of  the  teacher  to  lead  him  forward  in 
learning.  This  application  of  the  mind  in  children  is  secured 
by  interesting  them  in  their  studies.  But  this  cannot  be 
done  if  they  are  at  school  one  day  and  at  home  the  next;  if  a 
recitation  is  omitted  or  a  lesson  left  unlearned  at  the  whim  or 
convenience  of  parents.  In  order  to  interest  a  child  he  must 
be  able  to  understand  the  subject  in  which  he  is  instructed. 
If  he  has  failed  to  prepare  previous  lessons  he  will  not  under- 
stand the  one  which  the  teacher  explains  to  him.  If  he  is 
required  to  do  double  duty,  and  prepare  a  previous  lesson, 
omitted  in  order  to  make  a  visit  or  do  an  errand  at  home, 
with  the  lesson  of  the  day,  he  will  fail  to  master  them  and 
become  discouraged.  The  inevitable  consequence  is  that 
his  interest  flags  and  he  is  unable  to  apply  the  powers  of  his 
mind  to  the  studies  before  him.  The  rule  requiring  con- 
stant and  prompt  attendance  is  for  the  good  of  the  pupil 
and  to  secure  the  very  objects  the  law  had  in  view  in  estab- 
lishing public  schools.  It  is  therefore  reasonable  and  proper. 

"In  another  view  it  is  required  by  the  best  interests  of 
all  the  pupils  of  the  school.  Irregular  attendance  of  the 
pupils  not  only  retards  their  own  progress,  but  interferes 
with  the  progress  of  those  pupils  who  may  be  regular  and 
prompt.  The  whole  class  may  be  annoyed  and  hindered 
by  the  imperfect  recitations  of  one  who  has  failed  to  prepare 
his  lessons  on  account  of  absence.  The  class  must  endure 
and  suffer  the  blunders,  promptings  and  reproofs  of  the  irreg- 
ular pupils,  all  resulting  from  failure  to  prepare  lessons 
which  should  have  been  studied  when  the  child's  time  was 
occupied  by  direction  of  the  parent  in  work  or  visiting." 
(31  la  562)  S.  B.  vii.  10. 


182        Trustees :  School  Attendance       [Part  I 

(12  Allen  127,  8  Cush  160,  13  111  520,  137  111  296,  31  la  562,  116  Mass  363, 
18  Mich  400,  48  Vt  444) 

In  Ore.  whenever  the  tmexcused  absences  amount  in  one 
term  to  7  days,  the  teacher  may  suspend  him. 

Even  in  a  private  school  constancy  of  attendance  may 
be  required.  A  girl  attending  Lasell  seminary  was  taken 
away  by  her  mother  over  Sunday  against  the  rules  of  the 
school  and  was  expelled.  The  mother  sued  to  recover  the 
money  advanced  for  board  and  tuition  and  failed,  the  court 
holding  that  the  conditions  of  the  catalogue  were  reasonable. 
(46  N  E  110) 

A  law  school,  however,  cannot  dismiss  a  student  or  refuse 
to  permit  him  to  graduate,  for  irregularity  of  attendance, 
when  it  was  understood  that  payment  of  the  required  fees 
and  completion  of  the  work  were  all  that  was  required  or 
necessary.  (Baltimore  Uv.  vs.  Colton,  Md  Supreme  Court, 
Feb.  19,  1904) 

In  1874  the  board  of  education  of  Horn  ell  adopted 
a  rule  that  in  every  case  of  absence  of  a  pupil  for  more 
than  5  days  during  any  term  for  any  other  cause  than 
sickness  or  death  in  the  family,  or  religious  observance, 
the  absentee  should  be  suspended  until  the  beginning 
of  the  next  term.  Its  legality  being  questioned,  the 
superintendent  replied : 

Under  the  provisions  of  the  law  cited  in  your  letter  of  the 
19th  inst.,  your  board  of  education  possesses  the  power  to 
suspend  pupils  from  school  for  causes  which  seem  to  merit 
such  treatment.  In  my  judgment,  however,  it  would  be 
unwise  to  enforce  strictly  the  rule  referred  to  in  your  letter. 
The  object  and  intention  of  the  law  is  to  get  pupils  into  the 
schools — not  to  keep  them  out. 

In  another  case  the  same  superintendent,  Mr.  Gil- 
mour,  went  still  further. 


District]      Punishment   for  Absence          183 

Among  the  regulations  of  District  No.  2,  Ellington,  was 
this:  "Any  scholar  absenting  himself  from  any  examination 
or  part  thereof,  appointed  by  the  teachers,  without  necessity 
duly  certified  beforehand,  either  by  himself  or  his  parents 
or  guardian,  shall  not  be  admitted  to  the  school  afterwards, 
except  by  permission  of  the  board  and  the  approval  of  the 
principal." 

On  Feb.  4,  1875,  before  the  written  examination,  the 
mother  of  three  boys  asked  by  written  note  that  they  be 
excused  from  the  last  days  of  the  term,  and  withdrew  them 
from  the  school.  On  the  opening  of  the  next  term,  the 
three  boys  were  refused  admission  under  the  above  rule, 
the  note  not  being  accepted  as  a  sufficient  compliance  with 
the  regulation.  This  was  over-ruled  by  Sup't  Gilmour, 
who  decided  that  boards  of  education  have  no  right  to  make 
any  regulation  under  which  children  are  liable  to  perpetual 
exclusion  from  school  for  an  act  of  the  parent  (t>03). 

This  view  was  carried  yet  further  under  Sup't 
Ruggles.  In  September,  1884,  the  St.  Johnsville 
board  of  education  established  the  following  rules : 

The  principal  and  teachers  of  the  different  rooms  may 
suspend  pupils  under  their  immediate  control  for:  1.  Three 
cases  of  absence,  unless  the  absence  be  caused  by  personal 
sickness,  or  serious  illness  or  death  in  the  family,  or  by  some 
pressing  emergency.  But  one  case  of  absence  can  be  counted 
in  the  same  day.  *  *  * 

The  power  of  reinstatement  shall  be  limited  to  the  board 
of  education  or  the  principal.  *  *  * 

Any  pupil  suspended  for  any  cause  shall  not  be  entitled 
to  any  privileges  of  the  school  until  reinstated. 

For  four  such  absences  the  father  of  Clarence  Sanders 
refused  to  give  any  reason;  and  on  Nov.  5,  the  boy  was  sus- 
pended, and  on  presenting  himself  at  school  the  next  day 
was  refused  admission.  His  father  appealed  to  the  state 
department,  which  on  March  20,  1885,  decided  that  the  boy 
must  be  reinstated,  on  the  grounds  (1)  that  the  power  of 
suspension  should  not  be  delegated  from  the  board  to  a 


184       Trustees :  School  Attendance       [Part  I 

teacher;  (2)  that  to  require  the  parent  to  state  the  particular 
cause  for  a  child's  absence  or  detention  is  not  only  unnec- 
essarily inquisitorial,  but,  logically  carried  out,  would  permit 
the  teacher  or  trustees  to  pass  judgment  on  the  parent's 
exercise  of  authority  over  his  child. 

This  decision  (reported  in  full  in  the  School  Bulle- 
tin for  May,  1885)  caused  wide  and  generally  unfavor- 
able comment. 

Commissioner  Draper  took  a  wholly  different  view, 
and  gave  to  the  author  of  this  volume  for  publication 
a  copy  of  the  following  letter,  showing  the  ground 
afterward  taken  by  the  education  department : 

That  the  school  authorities  have  the  power  to  exclude 
from  the  benefits  of  the  schools,  pupils  who  refuse  to  comply 
with  reasonable  regulations  relative  to  attendance,  I  have 
no  doubt.  I  consider  a  regulation  to  the  effect  that  a  pupil 
who  is  absent  or  tardy  shall  bring  his  teacher  a  written 
excuse  from  his  parent  or  guardian,  to  be  entirely  proper 
and  the  department  will  therefore  sustain  you  in  enforcing 
it.  The  letter  addressed  to  one  of  your  teachers  is  a  highly 
improper  and  insulting  one.  If  this  parent  persists  in  send- 
ing his  child  to  school  with  irregularity  and  in  refusing  to 
give  any  proper  excuse  for  this  course,  you  will  be  justified 
in  excluding  the  child  altogether. 

The  schools  are  surely  for  the  benefit  of  all  and  all  have 
common  rights  in  them,  but  these  rights  must  not  be  abused 
by  any  individual  to  the  injury  of  others.  If  one  parent 
can  maintain  the  position  which  this  one  assumes,  then  all 
can,  and  if  all  can  then  the  school  system  is  liable  to  utter 
over-throw  and  destruction.  This  of  course  we  cannot 
concede.  You  are  advised  to  notify  the  person  writing  the 
letter  which  you  enclose  to  me  of  the  contents  of  this  com- 
munication ;  to  receive  the  child  into  the  school  if  the  parent 
manifests  a  disposition  to  comply  with  the  law.  Otherwise 
you  will  be  upheld  in  excluding  the  child  in  question. 


CHAPTER  XVI 
Trustees:  The  Compulsory  Law 

The  trustee  is  however  less  frequently  concerned  in 
excluding  children  from  school  than  in  compelling 
their  attendance  under  the  compulsory  law. 

The  natural  right  of  parental  dominion  does  not  render 
unconstitutional  a  statute  requiring  children  to  be  sent  to 
school.  (60  L  R  A  739;  61  N  E  730) 

1.  All  children  between  8  and  16  years  of  age  must 
attend  upon  instruction  the  entire  time  the  public 
school  is  in  session  during  the  period  between  October 
1  and  June  1,  unless, 

In  cities  and  villages  of  5,000  the  limits  are  7  and  16. 

For  Indian  children  the  requirements  are  practically  the  same,  except 
that  the  age  requirement  is  6  and  16,  instead  of  8  and  14.  (900,  1) 

(a)  Physically  or  mentally  incompetent.     (530-2) 
(a)  A   child   is   "physically  or  mentally  incompetent" 

who  is  ill  or  physically  unable  to  attend  school  (which  may 
be  certified  by  a  competent  physician  if  required  by  school 
authorities),  an  idiot,  or  defective,  epileptic,  deaf,  dumb  or 
blind,  requiring  special  physical  or  mental  treatment  or  in- 
struction in  special  classes  or  schools. 

(b)  Between  14  and  16  years  of  age  and  regularly 
employed  under  a  labor  certificate  issued  by  the  local 
board  of  health,  or  a  school  record  certificate.  (530-2) 

In  cases  of  temporary  absence,  the  attendance  di- 
vision has  ruled  that  the  following  excuses  may  be 
accepted  as  legal: 

1.  Severe  storm  or  roads  absolutely  impassable  for  man 
or  beast. 

2.  Contagious    disease    in    a    community;    the    school 
authorities  or  local  boards  of  health  determining  when  the 
danger  of  conveying  the  disease  has  passed. 

(185) 


186        Trustees :  Compulsory  Law        [Part  I 

3.  Sickness    in    the    pupil's    family    requiring  his  or  her 
services  for  a  day  or  two  until  other  help  can  be  secured. 

4.  Days  set  apart  for  religious  observance  or  instruction. 
In  all  such  cases,  however,  arrangements  should  be  made  with 
the  priest  that  school  work  may  not  be  interfered  with. 

5.  One  half  day  weekly  for  music  lessons. 

The  following  excuses  frequently  offered  by  par- 
ents and  school  authorities  are  not  legal: 

1.  Poverty.    The  Attendance   Division  has  ruled  that  the 
intention  of  the  Legislature  being  to  give  every  child  a  com- 
mon school  education,  a  logical  interpreation  of  the  statute 
requires  the  locality,  through  its  poor  authorities  to  furnish 
the  means  necessary  to  effect  that  end  in  those  cases  where 
the  enforcement  of  the  law  would  work  suffering  or  hard- 
ship.    It  therefore  insists  that  such  local  poor  authorities 
furnish  clothing,  shoes,  food,  books  and  other  necessaries  to 
indigent  children. 

2.  Distance  from  the  schoolhouse.     Parents  are  required 
to  furnish  conveyance;  if  too  poor  to  do  so,  transportation 
must  be  furnished  by  the  district.     The  district  may  provide 
for  transportation  of  pupils  who  live  remote  from  school  or 
maintain  branch  schools. 

3.  Unfit    physical    condition.     Where    a    parent    sends  a 
child  to  school  in  such  a  condition  that  it  brings  into  the 
school  vermin  or  other  contagious  disorder,  the  school  author- 
ities have  the  right  to  refuse  admission  and  treat  the  fact  that 
the  parent  has  not  sent  the  child  in  a  condition  to  attend  as 
tantamount  to  a  neglect  to  cause  the  child  to  so  attend,  for 
which  the  parent  may  be  arrested  and  punished. 

4.  Suspension.     Pupils  suspended  for  a  period  to  exceed 
one  week  must  be  committed  to  a  truant  school. 

2.  All  children  between  8  and  16  years  of  age  must 
attend  a  school  in  which  the  six  common  school 
branches  of  reading,  spelling,  writing,  arithmetic, 
English  language  and  geography  are  taught  in  Eng- 
lish, or  upon  equivalent  instruction  elsewhere.  (530) 


District]       Employment  Certificate  187 

"Equivalent  instruction  elsewhere"  means  instruction  in 
above  subjects  by  a  competent  teacher  during  usual  school 
hours.  Children  taught  at  home  may  be  required  to  take 
public  school  examinations. 

3.  No  child  under  14  years  of  age  may  be  employed 
at  any  time  in  a  factory,  mercantile  establishment, 
business  or  telegraph  office,  restaurant,  hotel,  apart- 
ment house  or  in  the  distribution  or  transmission  of 
merchandise  or  messages.     (Labor  Law,  Sees.  70-76) 

There  are  no  exceptions,  except  in  villages  and  cities. 
See  Chapters  XXVI,  XXVII. 

The  term  "factory"  includes  mills,  workshops  or  other 
manufacturing  or  business  establishments  where  one  or  more 
persons  are  employed  at  labor. 

The  term  "mercantile  establishment"  means  any  place 
where  goods,  wares  or  merchandise  are  offered  for  sale. 

4.  No  child  under  14  years  of  age  may  be  employed 
in  any  occupation  whatever  during  any  part  of  the 
term  the  public  school  is  in  session.     (532) 

The  employment  of  a  child  before  or  after  school  hours 
or'  on  Saturdays  during  the  school  term  is  prohibited.  A 
child  who  is  working  for  a  parent  will  be  regarded  as  employed 
if  the  employment  is  in  any  labor  exercised  by  way  of  trade 
or  for  the  purpose  of  gain. 

5.  No  child  between  14  and  16  years  of  age  may  be 
employed. 

I.  In  a  factory,  mercantile  establishment,  busi- 
ness or  telegraph  office,  restaurant,  hotel,  apart- 
ment house  or  in  the  distribution  or  transmission 
of  merchandise  or  messages  unless  in  possession 
of  a  labor  certificate  issued  by  the  local  board  of 
health.  (530-4) 


188       Trustees :  Compulsory  Law       [Part  I 

1.  Labor  certificates  are  issued  by  the  local  board  of 
health  at  place  of  residence  or  employment  of  child  on  ap- 
plication of  the  parent  or  custodian  who  is  required  to  furnish 
such  board  the  following: 

Evidence  of  the  age  of  the  child. 

The  school  record  certificate. 

The  board  may  refuse  to  grant  a  certificate  to  a  child 
who  may  seem  to  be  physically  unable  to  perform  the  work 
which  it  intends  to  do ;  in  doubtful  cases,  such  physical  fitness 
is  to  be  determined  by  the  medical  officer  of  the  board  of 
health.  Such  board  is  required  to  transmit  to  the  commis- 
sioner of  labor  between  the  1st  and  10th  day  of  each  month 
a  list  of  names  of  children  to  whom  certificates  are  issued. 

Labor  certificates  should  be  filed  with  the  employer,  who 
is  required  to  keep  a  registry  containing  name,  birthplace, 
age  and  place  of  residence  of  all  children  under  16  employed 
by  him. 

A  duly  attested  transcript  of  the  birth  certificate  filed  with 
a  registrar  of  vital  statistics  is  conclusive  evidence  of  the  age  of 
a  child. 

In  case  such  certificate  can  not  be  secured  the  following 
evidence  may  be  accepted  in  the  order  named: 

Certificate  of  graduation  from  a  public  school  and  in  New 
York  State  a  private  school  having  a  course  of  not  less  than  8 
years,  provided  the  school  records  shout  the  child  to  be  not  less 
than  14  years  of  age. 

Passport  or  baptismal  certificate. 

Other  evidence  may  be  accepted  in  case  the  board  de- 
cides none  of  the  above  certificates  are  available. 

II.  At  home  or  elsewhere  than  in  the  above 
mentioned  employments  unless  in  possession  of 
school  record  certificate.  (530-4,  Labor  Law, 
Sec.  70-76,  161-67) 

School  record  certificates  are  issued  by  the  principal 
teacher  of  the  public  school  of  the  district.  Applicants  must 
be 

1.   14  years  of  age  at  time  of  application 


District]       School  Record  Certificate         189 

2.  Have   attended    school   at    least    130  days  during  one 
of  the  following  12  month  periods: 

12  months  next  preceding  the  14th  birthday. 
12  months  next  preceding   the   application   for   the    cer- 
tificate. 

3.  Have  received  during  such  period  instruction  in  read- 
ing, writing,  spelling,  English  language  and  geography. 

4.  Able  to  read  and  write  simple  sentences  in  the  English 
language  and  familiar  with  the  fundamental  operations  of 
arithmetic  up  to  and  including  fractions. 

If  the  130  days'  attendance  occurred  during  the  12 
months  next  preceding  the  14th  birthday,  the  certificate  may 
be  applied  for  at  any  time  after  that  date ;  if  subsequent  to  the 
14th  birthday,  the  certificate  should  be  applied  for  at  the 
expiration  of  the  12  month  period  for  which  credit  is  sought. 
In  counting  the  130  days,  only  days  of  actual  attendance 
should  be  included,  excluding  holidays,  institute  week  or 
the  period  school  is  closed  on  account  of  the  prevalence  of  a 
contagious  disease  in  a  district.  Attendance  at  other  schools 
or  truant  institutions  may  be  included  provided  a  certified 
copy  of  the  record  of  attendance  is  furnished.  In  cases  of  loss 
or  destruction  of  the  register  a  teacher  may  accept  other  evi- 
dence in  his  discretion. 

Teachers  should  apply  direct  to  the  Education  de- 
partment for  school  record  blanks,  stating  the  number 
required  for  immediate  use  and  attaching  their  of- 
ficial signature;  i.  e.,  John  Doe,  Teacher. 

They  should  also  keep  a  record  of  certificates  issued. 
This  does  not  mean  the  filing  of  a  duplicate  certificate 
at  the  Education  Department.  Teachers  in  private 
schools  should  present  the  certificates  to  the  prin- 
cipal of  the  public  school  for  signature. 

The  teacher  is  the  sole  judge  of  the  educational  quali- 
fications of  the  applicant.  In  determining  such  qualifications 
teachers  should  be  guided  by  the  specific  language  of  the 
statute.  The  question  of  the  grade  of  a  pupil  is  immaterial. 


190       Trustees :  Compulsory  Law        [Part  I 

//  the  child  is  to  be  employed  in  a  factory  or  mercan- 
tile establishment  the  school  record  should  be  filed  with 
the  local  board  of  health;  if  employed  at  home  or  else- 
where, such  certificate  should  be  retained  by  the  child. 

Parents  or  employers  violating  the  labor  provisions 
of  the  attendance  law  may  be  fined  $20  and  not  more 
than  $50  for  the  first  offence;  for  a  second  and  each 
subsequent  offence  a  fine  of  not  less  than  $50  nor 
more  than  $200 ;  for  violating  the  labor  law  or  making 
false  statements  in  any  affidavit,  record  transcript 
or  certificate  in  an  application  for  an  employment 
certificate  a  fine  of  not  less  than  $20  nor  more  than 
$50  for  the  first  offence;  for  a  second  offence  a  fine  of 
not  less  than  $50  nor  more  than  $200  or  imprison- 
ment not  more  than  30  days  or  both;  for  a  third  of- 
fence a  fine  of  not  less  than  $250  or  imprisonment  not 
more  than  60  days  or  both.  (533;  Penal  Laws, 
Sec.  1275) 

The  factory  law  is  enforced  by  factory  inspectors; 
mercantile  law  by  local  boards  of  health.  (Labor 
Law,  Sec.  62,  172) 

Attendance  is  enforced  as  follows : 

1.  A  parent  whose  child  does  not  attend  upon  in- 
struction as  required  may  be  arrested  and  fined  or 
imprisoned.  The  Attorney  General  has  ruled  that 
more  than  two  unexcused  absences  in  four  consec- 
utive weeks  constitute  a  violation  of  the  law.  (531) 

The  term  "parent"  includes  the  guardian  and  every  per- 
son who  is  liable  to  maintain  or  has  actual  custody  of  the 
child. 

The  teacher  must  report  the  names  of  children  of  com- 
pulsory school  age  who  are  not  complying  with  the  law  to  the 


District]  Enforcement  191 

attendance  officer,  who  shall  notify  the  parent  personally  or 
by  written  notice,  requiring  him  to  cause  the  child  to  attend 
school. 

If  the  parent  fails  to  do  so,  the  officer  must  make  written 
complaint  before  any  justice  of  the  peace  in  the  county,  or  in 
a  city  or  village,  a  police  justice  or  magistrate,  and  such  jus- 
tice shall  issue  a  warrant  on  said  complaint  and  proceed  to 
hear  and  determine  the  same  in  the  same  manner  as  pro- 
vided by  statute  for  other  criminal  cases  under  his  jurisdis- 
tion.  School  authorities  are  authorized  to  employ  legal 
counsel  to  prosecute  any  case  arising  under  the  provisions 
of  the  act,  when  they  shall  deem  the  same  necessary,  and  the 
cost  thereof  shall  be  a  legal  charge  against  the  city  or  district 
in  which  the  case  arose. 

A  parent  should  promptly  furnish  written  excuses  for 
each  absence  or  tardiness  of  a  child.  Failure  to  do  so  will 
prove  disadvantageous  in  case  of  prosecution,  as  the  burden 
of  proof  rests  on  the  parent. 

For  the  first  offence  a  parent  may  be  fined  $5  or  impris- 
oned 5  days;  for  each  subsequent  offence  fined  not  to  exceed 
$50  or  imprisoned  30  days  or  both.  Such  fines  are  to  be  paid 
to  the  county  treasurer. 

2.  A  child  of  compulsory  school  age  if  an  habitual 
truant  or  disorderly  and  insubordinate  while  in  at- 
tendance at  school  may  he  arrested  by  the  attendance 
officer,  and  committed  by  the  proper  authority  to  a 
truant  school.  (536) 

A  child  should  not  be  arrested  unless  an  habitual  truant 
or  disorderly  and  insubordinate  while  in  attendance  at 
school.  Frequently  parents  are  only  too  glad  to  have  their 
children  committed  as  truants  and  cared  for  at  town  or 
county  expense  until  they  are  permitted  by  law  to  go  to  work. 
The  most  direct  and  effective  method  of  reaching  parents  and 
forcing  upon  them  the  duty  of  keeping  their  children  in  school 
is  by  penalizing  the  parent  as  provided  in  the  statute.  Where 
parents  are  prosecuted  the  most,  truancy  exists  the  least. 


192        Trustees:  Compulsory  Law        [Part  I 

3.  School    authorities    are    primarily    responsible 

for  the  enforcement  of  the  attendance  law. 

Failure  on  the  part  of  school  authorities  to  secure  the 
regular  attendance  of  all  children  of  compulsory  school  age 
or  to  prosecute  parents  who  violate  the  law  when  the  attend- 
ance officer  refuses  or  fails  to  do  so,  or  of  local  courts  to  con- 
vict delinquent  parents,  or  of  poor  authorities  to  furnish 
necessaries  to  indigent  children,  will  result  in  the  withholding 
of  one  half  the  public  school  moneys  and  subsequent  forfeit- 
ure to  the  state  if  the  law  is  not  enforced  within  a  period  of 
one  year  thereafter.  School  authorities  may  be  held  per- 
sonally liable  for  the  moneys  so  forfeited. 

4.  School  authorities  in  cities,  union  free  school  dis- 
tricts or  common  school  districts  whose  limits  include 
in  whole  or  in  part  an  incorporated  village  shall  ap- 
point attendance  officers  to  enforce  the  law;  in  com- 
mon school  districts  town  boards  shall,  subject  to  the 
approval  of  the  school  commissioner,   appoint  such 
officers.     (535) 

Attendance  officers  should  be  carefully  selected,  paid  a 
salary  commensurate  with  the  work  to  be  done,  appointed 
annually  and  in  no  case  continue  in  office  after  expiration  of 
the  term  of  board  electing  the  officer. 

Their  duties  are  defined  by  statute,  the  education  de- 
partment and  the  authorities  appointing  them.  When  ap- 
pointed by  the  school  authorities  their  compensation  is  a 
charge  against  the  city  or  district;  when  appointed  by  the 
town  board  it  is  a  town  charge. 

Such  officers  should  visit  parents  whose  children  fail  to 
attend  school  as  the  law  directs,  and,  when  necessary,  take 
legal  action  against  delinquent  parents;  visit  factories,  mer- 
cantile or  other  establishments  within  their  territory,  and 
examine  employment  certificates  and  registry  of  children 
employed.  Their  jurisdiction  covers  the  territory  for  which 
appointed;  i.  e.  if  a  school  district  lies  in  one  or  more  town- 
ships the  jurisdiction  of  the  officer  is  confined  to  that  part 


District]          Records  Required  193 

of  the  district  situated  within  the  boundary  lines  of  his  town- 
ship. 

For  neglect  of  duty  the  officer  may  be  removed  by  school 
authorities  in  cities,  union  free  school  districts  and  common 
school  districts  whose  limits  include  in  whole  or  in  part  an 
incorporated  village;  town  attendance  officers  may  be  re- 
moved by  the  school  commissioner. 

Persons  interfering  with  attendance  officers  or  owners  of 
factories  and  mercantile  establishments  refusing  to  exhibit 
registry  or  certificate  of  children  employed  are  guilty  of  a 
misdemeanor. 

5.  A  permanent  census  bureau  shall  be  established 
in  cities  of  the  first  class.     Such  bureau  may  be  es- 
tablished in  all  other  cities,  and  if  not,  a  census  must- 
be  taken  in  October  1909  and  every  4th  year  there- 
after; in  all  other  school  districts  a  census  shall  be 
taken  on  the  30th  day  of  August  annually.     (1000-4) 

The  census  shall  include  the  names  of  all  persons  be- 
tween 4  and  18,  day  of  the  month  and  year  of  birth,  resi- 
dences by  street  and  number,  names  of  parents  or  custodians. 
A  copy  should  be  delivered  to  the  attendance  officer  and 
teacher  who  should  compare  the  census  with  the  enrolment 
to  ascertain  if  all  children  required  by  law  to  attend  are  in 
school.  The  cost  of  taking  the  census  is  a  charge  against 
the  city  or  school  district. 

Parents  who  refuse  to  give  the  above  information  or  who 
give  false  information  may  be  fined  $20  or  imprisoned  30 
days. 

6.  Teachers   in   public   and   private   schools   shall 
keep  a  record  of  the  attendance  of  all  children  of  com- 
pulsory school  age.     (534) 

Such  record  shall  show  the  attendance  by  the  year, 
month,  day  of  the  month  and  day  of  the  week  and  the  num- 
ber of  hours  attended;  also  the  excuse  for  absence  or  tardi- 
ness. Teachers  must  allow  school  authorities,  inspectors 


194        Trustees :  Compulsory  Law        [Part  I 

or  other  authorized  persons  to  inspect  registers  and  answer 
inquiries  and  may  be  required  to  furnish  a  duplicate  copy  of 
register  to  the  education  department. 

Teachers  refusing  to  exhibit  register  or  answer  lawful 
inquiries  of  school  authorities  or  inspectors  are  guilty  of  a 
misdemeanor.  Their  license  may  also  be  revoked. 

7.  A  child  of  compulsory  school  age  may  be  com- 
mitted to  a  truant  school  or  institution  if : 

(a)   An  habitual  truant  absent  from  instruction 
without  the  consent  or  knowledge  of  his  parents 
or  beyond  their  control;  or, 
(6)   So  disorderly  and  insubordinate  while  in  at- 
tendance at  school  as  to  warrant  expulsion.   (537) 

8.  School  authorities  may  establish  schools  or  set 
apart  rooms  in  public  school  buildings  for  habitual 
truants  or  disorderly  children  or  they  may  commit 
them  to  any  private  school,  orphans  home  or  similar 
institution  controlled  by  persons  of  the  same  religious 
faith  as  the  parents.     (537) 

No  person  convicted  of  crimes  or  misdemeanors  other 
than  truancy  may  be  committed  to  a  truant  school. 

Industrial  training  shall  be  furnished  in  every  truant 
school.  School  authorities  should  enter  into  a  contract 
with  an  institution  before  committing  a  truant  thereto;  the 
cost  of  maintenance  in  a  city,  village  or  district  employing 
a  superintendent  of  schools  shall  be  a  charge  against  such 
city  or  district ;  in  all  other  cases  it  is  a  county  charge ;  a  dis- 
trict may  advance  the  necessary  moneys,  which  will  be  re- 
funded by  the  board  of  supervisors. 

9.  Habitual  truants  and   disorderly  and  insubor- 
dinate pupils  may  be  arrested  by  the  attendance  officer 
and  with  the  written   consent   of  the  parent   com- 
mitted by  the  school  authorities  to  a  truant  school  or 
institution.     If  the  parent  refuses  to  give  such  con- 


District]         Attendance  Officers  195 

sent  or  proves  the  child  is  beyond  his  control  such 
child  may  be  committed  by  the  proper  magistrate  as 
a  disorderly  person.  (536-37) 

Attendance  officers  must  promptly  report  dispositions 
of  truants  to  the  school  authorities.  The  term  of  commit- 
ment shall  not  exceed  2  years  nor  extend  beyond  the  16th 
birthday.  Truants  may  be  paroled  by  the  superintendent 
of  schools  in  cities  and  villages;  elsewhere  by  the  authority 
committing  them.  Children  suspended  for  a  period  to  exceed 
1  week  must  be  committed  to  a  truant  school. 

For  refusal  to  give  consent  to  commitment  parents  shall 
be  liable  to  the  same  punishment  as  for  failure  to  send  the 
child  to  school. 

10.  A  parent  or  custodian  of  a  child  under  16  years 
of  age  must  not  abandon  or  unlawfully  omit  to  provide 
for  such  child,  nor  shall  such  parent  or  any  person 
permit  a  child  to  engage  in  an  occupation  whereby 
its  life  is  endangered  or  health  injured  or  its  morals 
impaired.  (Penal  Law,  Sec.  480-86) 

Abandonment  of  a  child  constitutes  a  felony ;  the  en- 
dangering the  life,  health  or  morals  of  a  child  or  failing  to 
provide  for  a  child,  a  misdemeanor. 

A  child  under  16  years  of  age  may  be  committed 
by  the  proper  court  or  magistrate  to  any  incorporated 
charitable  reformatory  or  other  institution;  or  placed 
under  the  custody  of  a  probation  or  parole  officer, 

a  If  found  begging  or  soliciting  alms  whether  under 
pretence  of  a  sale  or  not;  or  in  gathering  or  picking  rags,  or 
collecting  cigar  stumps,  bones  or  refuse  from  markets, 

b  If  found  wandering  or  abandoned  without  a  home  or 
guardianship  or  means  of  subsistence, 

c  If  found  destitute  or  an  orphan  or  with  a  surviving 
parent  in  jail  or  an  habitual  criminal, 

d  If  found  frequenting  the  company  of  thieves  or  pros- 
titutes, or  in  a  house  of  prostitution;  or  in  a  concert  saloon, 


196        Trustees:  Compulsory  Law        [Part  I 

dance  hall,  theater,  museum  or  place  of  entertainment  or 
place  where  liquors  are  sold  without  being  in  charge  of  his 
parent  or  guardian,  or  playing  any  game  of  chance  or  skill 
in  any  place  where  liquors  are  sold. 

e  If    engaged    in    any    practice    or   exhibition   or   place 
dangerous  to  the  life,  limb,  health  or  morals  of  the  child. 
/  If  disorderly  or  ungovernable.     (Penal  Law,  Sec.  486) 
A  child  under  the  custody  of  a  probation    officer    may 
within  a  period  of   1  year  be  committed  to  an  institution. 
The  provision   authorizing  the  placing  of  destitute  or  neg- 
lected  children   in   the  custody  of  a  parole  or  probation  of- 
ficer does  not  apply  to  cities  of  the  1st  class  having  children's 
courts  nor  take  away  nor  limit  their  juirsdiction. 

11.  A  child  under  7  is  not  capable  of  committing  a 
crime.     (Penal  Law,  Sec.  816) 

12.  No  child  under  the  age  of  16  years  shall  be 

a.  Employed  or  permitted  to  work  in  operating  or  assist- 
ing in  operating  any  dangerous  machines.  (Labor  Law,  Sec. 
93) 

6.  Employed  or  permitted  to  work  at  adjusting  or  as- 
sisting in  adjusting  any  belt  to  any  machinery ;  and  no  fe- 
male under  the  age  of  sixteen  shall  be  employed  or  permitted 
to  work  in  any  capacity  where  such  employment  compels  her 
to  remain  standing  constantly.  (Idem.) 

c.  Employed  or  permitted  to  have  the  care,  custody  or 
management  of  or  to  operate  an  elevator  either  for  freight 
or  passengers.      (Idem) 

d.  Employed,    exhibited    or    trained    as    a  rope  or  wire 
walker,   gymnast,   wrestler,  contortionist,   rider  or  acrobat; 
or  upon  any  bicycle  or  similar  mechanical  vehicle  or  con- 
trivance; or 

In  begging  or  receiving  or  soliciting  alms  in  any  manner 
or  under  any  pretence,  or  in  any  mendicant  occupation;  or 
in  gathering  or  picking  rags,  or  collecting  cigar  stumps,  bones 
or  refuse  from  markets ;  or  in  peddling ;  or 

In    singing;    or    dancing;    or    playing  upon  a  musical  in- 


District]      Forbidden  Employments  197 

strument;  or  in  a  theatrical  exhibtion;  or  in  any  wandering 
occupation;  or, 

e.  Employed  in  any  mine  or  quarry  in  this  State.  (La- 
bor Law,  Sec.  131) 

13.  No  male  person  under  18  years  or  woman  under 
21  years 

Shall  be  permitted  to  clean  machinery  while  in  motion. 

14.  No  girl  or  minor  under  18 

May  sell  or  serve  liquor.     (Liquor  Tax  Law,  Sec.  30) 

15.  No  woman  or  child 

Shall  work  in  the  basement  of  a  mercantile  establishment 
unless  authorized  by  the  department  of  health  or  in  a  first 
class  city  by  commissioner  of  labor.  (Idem.  Sec.  171) 

16.  No  person  shall 

1.  Admit  to  or  allow  to  remain  in  any  dance  house,  con- 
cert saloon,  theater,  museum,  skating  rink,  kinetoscope  or 
moving  picture  performance,  or  in  any  place  where  wines  or 
spirituous  or  malt  liquors  are  sold  or  given  away  or  in  any 
place  of  entertainment  injurious  to  health  or  morals,  unless 
accompanied  by  its  parent  or  guardian; 

2.  Suffer  or  permit  to  play   any  game  of  skill  or  chance 
in  any  such  place,  or  in  any  place  adjacent  thereto,  or  to  be 
or  remain  therein  or  admit  to  or  allow  to  remain  in  any 
reputed  house  of  prostitution  or  assignation  or  any  place 
where  opium  or  any  preparation  thereof  is  smoked;  or 

3.  Sell  or  give  away,  or  cause  or  permit,  or  procure  to  be 
sold  or  given  away  any  beer,  ale,  wine  or  any  strong  or  spir- 
ituous liquor;  or, 

4.  Being    a    pawnbroker    or    person    in  the  employ  of  a 
pawnbroker,  make  any  loan  or  advance  or  permit  to  be  loaned 
or  advanced  any  money,  or  in  any  manner  directly  or  in- 
directly receive  any  goods,   chattels,  wares  or  merchandise 
from  any  such  child  in  pledge  for  loans  made  or  to  be  made 
to  it  or  to  any  other  person  or  otherwise  howsoever;  or, 

5.  Sell,    pay  for   or  furnish    any    cigars,  cigarettes  or  to- 
bacco in  any  of  its  forms;  or, 

6.  Being  the  owner,  keeper  or  proprietor  of  a  junk  shop, 


198       Trustees:  Compulsory  Law        [Part  I 

junk  cart  or  other  vehicle  or  boat  or  other  vessel  used  for  the 
collection  of  junk,  or  any  collector  of  junk,  receive  or  pur- 
chase any  goods,  chattels,  wares  or  merchandise  from 

Any  child  actually  or  apparently  under  the  age  of 
16  years.  (Penal  Law,  Sec.  484.) 

It  is  not  a  defence  to  a  prosecution  that  such  a  child 
acted  as  the  agent  of  another. 

17.  No  messenger  boy,  except  to  deliver  messages 
at  the  door,  may  enter  any  disorderly  house,  unli- 
censed saloon,  inn,  tavern  or  unlicensed*  place  where 
liquors  are  sold.     (Penal  Law,  Sec.  488) 

No  child  under  16  shall  smoke  cigars,  cigarettes  or 
tobacco  in  any  form  whatsoever  in  any  public  street, 
place  or  resort.  (Penal  Law,  Sec.  485) 

Children  violating  the  law  prohibiting  the  use  of  tobacco 
in  any  form  in  a  public  street,  etc.  are  guilty  of  a  misde- 
meanor and  may  be  fined  not  to  exceed  $10  and  not  less  than 
$2.  (Penal  Law,  Sec.  483,  486,  1275) 

No  person  shall  sell  or  give  any  cigar,  cigarette  or  to- 
bacco in  any  of  its  forms  to  any  minor  undergoing  confine- 
ment in  any  reformatory,  penitentiary  or  house  of  refuge  in 
this  state.  (Penal  Law,  Sec.  489.) 

No  person  shall  sell  or  give  away  liquor  to  a  minor  under 
18.  (Liquor  Tax  Law,  Sec.  29) 

18.  No  child  under  16  may  be  employed 

(a)  In  a  factory  before  8  a.  m.  or  after  5  p.  m.  or  more 
than  8  hours  a  day  or  6  days  in  a  week  and  with  at  least  60 
minutes  for  noonday  meal,  unless  the  commissioner  of  labor 
permits  a  shorter  time.  (Labor  Law,  Sec.  77-89) 

(6)  In  a  mercantile  establishment,  business  or  telegraph 
office,  restaurant,  hotel,  apartment  house  or  in  the  distri- 
bution or  transmission  of  merchandise  or  messages  before  8 
a.  m.  or  after  10  p.  m.  or  in  a  city  of  the  first  class  after  7 
p.  m. ;  or  more  than  54  hours  a  week  or  9  hours  a  day  with  not 
less  than  45  minutes  for  noonday  meal.  (Labor  Law,  Sec.  161) 
Employers  must  post  printed  notices  to  this  effect  in  a  conspicuous 
place  in  the  workrooms. 


CHAPTER  XVII 
Trustees:  Course  of  Study 

And  (b)  to  prescribe  the  course  of  studies  to  be  pur- 
sued in  such  schools.  (195) 

That  the  trustees  have  power  (a)  to  establish  the 
course  of  study:  that  is  to  select  the  branches  to  be 
taught  in  school;  and  (b)  to  grade  or  classify  the 
pupils,  is  undisputed.  Whether  they  have  (c)  the 
power  .to  compel  every  child  in  school  to  follow  the 
course  of  study  has  been  a  subject  of  violent  contro- 
versy. 

The  course  of  study  is  to  be  prescribed  by  the  trus- 
tees. (195) 

(12  Allen  127,  8  Cush  160,  44  Hun  340,  87  111  303,  175  111  9,  106  Ind  478, 
31  la  562,  28  Me  379,  31  Neb  552,  59  N  H  473,  48  N  W  393,  32  Vt  224,  48 
Vt  444) 

In  Me.  Judge  Appleton  said  that  if  the  legislative  code 
within  constitutional  limitations  should  prescribe  a  course 
of  study  however  unwise,  or  books  however  immoral,  he  was 
not  aware  of  any  power  on  the  part  of  the  court  to  interfere. 
(38  Me  376) 

In  Nev.  the  state  board  prescribes  the  course  of  study.  In 
N.  D.  this  power  is  subject  to  the  approval  of  the  county 
superintendent.  In  S.  D.  teachers  must  follow  the  course 
of  study  recommended  by  a  majority  of  the  county  super- 
intendents of  the  state,  and  the  superintendents  of  public 
instruction. 

Algebra  may  be  included  (45  la  248,  50  la  152) 
and  rhetoric  (29  Ohio  89)  and  composition  (D  1687 
1874  37  Am  R  123,  97  111  375,  129  Ind  14,  77  Mo  484,  32 
Vt  224)  and  declamation  (59  N.  H  473,  35  Wis  59)  and 
German. 

(199) 


200        Trustees :  Course  of  Study         [Part  I 

High  schools  may  be  established  by  taxation.  (11  Cush 
178,  16  Mass  141,  103  Mass  94,  30  Mich  69) 

Evening  high  schools  are  legal.     (93  Pac  117) 

The  compulsory  law  names  these  6  essential 
common  school  branches:  reading,  spelling,  writing, 
arithmetic,  English  language,  geography.  (530) 

N.  C.  forbids  the  teaching  in  public  schools  of  other 
subjects  than  (1)  spelling,  (2)  denning,  (3)  reading, 
(4)  writing,  (5)  arithmetic,  (6)  English  grammar,  (7) 
elementary  physiology  and  hygiene,  (8)  state  and 
American  history;  but  provides  that  the  school  com- 
mittee may  make  special  arrangements  to  allow  other 
subjects  to  be  taught. 

In  Mass,  vivisection  is  forbidden,  and  dissection  of  dead 
animals  restricted  to  the  class-room  and  the  presence  of  the 
pupils  engaged  in  the  study  illustrated.  New  York  has  a 
similar  law,  and  the  Anti-Vivisection  Society  of  Boston 
offers  $100  reward  for  the  conviction  of  any  public-school 
teacher  who  has  at  any  time  practiced  vivisection  in  a  New 
York  school. 

N.  D.  requires  that  all  reports,  records,  and  proceedings 
shall  be  kept  in  the  English  language,  and  that  no  public 
money  shall  be  expended  in  supporting  a  school  in  which 
the  English  language  is  not  taught  exclusively. 

Ore.  requires  stated  exercises  in  composition  and  decla- 
mation. 

Ariz,  requires  in  all  primary  schools  vocal  and  breathing 
exercises  of  3  to  5  minutes  each  at  least  twice  a  day. 

Cal.  and  Pa.  requires  that  attention  must  be  given  to 
physical  exercises,  and  to  the  ventilation  and  temperature 
of  school-rooms. 

Ore.  requires  the  teacher  to  attend  to  the  temperature 
of  the  school-room,  and  to  see  that  the  doors  and  windows 
are  open  at  each  intermission,  to  see  that  pupils  take  exercise, 
and  to  encourage  healthful  play  at  recess,  prohibiting  all 
dangerous  and  immoral  games. 


District]  The  Scientific  Temperance  Law     201 

Wash,  requires  attention  during  the  entire  course  to  the 
cultivation  of  manners,  the  laws  of  health,  physical  exercise, 
ventilation  and  temperature,  and  not  less  than  10  minutes 
each  week  to  systamatic  teaching  of  kindness  to  animals.  Me. 
and  Texas  make  this  last  requirement. 

Tenn.  requires  State  constitution  to  be  taught  in  all  primary 
and  secondary  schools. 

Conn,  requires  State  board  to  furnish  cards  for  testing 
pupils'  eyesight. 

la.  requires  vocal  music  in  all  public  schools.  Ohio 
permits  employment  of  teachers  of  vocal  music. 

Ariz,  and  Cal.  make  it  the  duty  of  all  teachers  to  impress 
upon  the  minds  of  the  pupils  the  principles  of  morality, 
truth,  justice,  and  patriotism ;  to  teach  them  to  avoid  idleness, 
profanity  and  falsehood;  to  instruct  them  in  the  principles 
of  a  free  government ;  and  to  train  them  up  to  a  true  compre- 
hension of  the  rights,  duties  and  dignity  of  American  citi- 
zenship. 

In  Ariz,  a  principal  may  enrol  pupils  of  eleven  yeais  old 
or  more  as  members  of  the  "American  Guard",  under  such 
conditions  as  he  may  prescribe.  New  York  forbids  it. 

Provision  must  be  made  for  instructing  pupils  in 
all  schools  supported  by  public  money  or  under  state 
control  in  physiology  and  hygiene,  with  special  ref- 
erence to  the  effect  of  alcoholic  drinks,  stimulants  and 
narcotics  upon  the  human  system.  (195,  229) 

In  New  York,  as  in  nearly  all  States,  one  require- 
ment is  that  physiology,  so  far  as  it  pertains  to  the 
hygienic  effects  of  stimulants  and  narcotics,  shall  be 
taught  in  every  school  receiving  public  money.  (195, 
111  Mass.  499) 

The  nature  of  alcoholic  drinks  and  other  narcotics 
and  their  effects  on  the  human  system  must  be  taught 
in  connection  with  the  various  divisions  of  physiology 
and  hygiene,  as  thoroughly  as  are  other  branches  in  all 


202       Trustees :  Course  of  Study         [Part  1 

schools  under  state  control,  or  supported  wholly  or  in 
part  by  public  money  of  the  state,  and  also  in  all 
schools  connected  with  reformatory  institutions. 
(760) 

All  pupils  in  the  2d  year  of  the  high  school  and 
above  the  3d  year  of  school  work  computing  from  the 
beginning  of  the  lowest  primary,  not  kindergarten, 
year,  or  in  corresponding  classes  of  ungraded  schools, 
must  be  taught  and  must  study  this  subject  every 
year  with  suitable  text-books  in  the  hands  of  all  pu- 
pils, for  not  less  than  3  lessons  a  week  for  10  or  more 
weeks,  or  the  equivalent  of  the  same  in  each  year, 
and  must  pass  satisfactory  tests  in  this  as  in  other 
studies  before  promotion  to  the  next  succeeding  year's 
work.  (760) 

Where  there  are  9  or  more  school  years  below  the  high 
school,  the  study  may  be  omitted  in  all  years  above  the  8th 
year  and  below  the  high  school,  by  such  pupils  as  have 
passed  the  required  tests  of  the  8th  year.  (760) 

In  all  schools  above-mentioned,  all  pupils  in  the 
lowest  3  primary,  not  kindergarten,  school  years  or  in 
corresponding  classes  in  ungraded  schools  must  each 
year  be  instructed  in  this  subject  orally  for  not  less 
tban  2  lessons  a  week  for  10  weeks,  or  the  equivalent  of 
the  same  in  each  year,  by  teachers  using  text-books 
adapted  for  such  oral  instruction  as  a  guide  and 
standard.  (760) 

Such  pupils  must  pass  such  tests  in  this  as  may  be  required 
in  other  studies  before  promotion  to  the  next  succeeding 
year's  work.  Nothing  in  this  article  shall  be  construed  as 
prohibiting  or  requiring  the  teaching  of  this  subject  in  kinder- 
garten schools.  (760) 

The  local  school  authorities  must  provied  needed  facilities 


District]    The  Scientific  Temperance  Law   203 

and  definite  time  and  place  for  this  branch  in  the  regular 
courses  of  study.  (760) 

The  text-books  in  the  pupils'  hands  must  be  graded  to 
the  capacities  of  4th  year,  intermediate,  grammar  and  high 
school  pupils,  or  to  corrsponding  classes  in  ungraded  schools. 
For  students  below  high  school  grade,  such  text-books  shall 
give  at  least  -J-  their  space,  and  for  students  of  high  school 
grade,  not  less  than  20  pages  to  the  nature  and  effects  of 
alcoholic  drinks  and  other  narcotics.  This  subject  must  be 
treated  in  the  text-books  in  connection  with  the  various 
divisions  of  physiology  and  hygiene,  and  pages  on  this 
subject  in  a  separate  chapter  at  the  end  of  the  books  will  not 
be  counted  in  determining  the  minimum.  No  text-book  or 
physiology  not  conforming  to  this  article  may  be  used  in  the 
public  schools.  (760) 

All  regents  examinations  in  physiology  and  hygiene  must 
include  a  due  proportion  of  questions  on  the  nature  of  alco- 
holic drinks  and  other  narcotics,  and  their  effects  on  the 
human  system.  (760) 

In  all  normal  schools,  teachers'  training  classes  and  teachers' 
institutes,  adequate  time  and  attention  shall  be  given  to 
instruction  in  the  best  methods  of  teaching  this  branch,  and 
no  teacher  may  be  licensed  who  has  not  passed  a  satisfactory 
examination  in  the  subject,  and  the  best  methods  of  teach- 
ing it.  On  satisfactory  evidence  that  any  teacher  has 
wilfully  refused  to  teach  this  subject,  as  provided  in  this 
article,  the  commissioner  of  education  must  revoke  the 
license  of  such  teacher.  (761) 

No  public  money  ot  the  state  may  be  apportioned  by  the 
commissioner  of  education  or  paid  for  the  benefit  of  any 
city  until  the  superintendent  of  schools  therein  shall  have 
filed  with  the  treasurer  or  chamberlain  of  such  city  an  affida- 
vit, and  with  the  commissioner  of  education  a  duplicate  of 
such  affidavit,  that  he  has  made  thorough  investigation  as 
to  the  facts,  and  that  to  the  best  of  his  knowledge,  infor- 
mation and  belief,  all  the  provisions  of  this  article  have  been 
complied  with  in  all  the  schools  under  his  supervision  in 
such  city  during  the  last  preceding  legal  year ;  nor  shall  any 


204        Trustees:  Course  of  Study        [Part  I 

public  money  of  the  state  be  apportioned  by  the  commis- 
sioner of  education  or  by  school  commissioners,  or  paid  for 
the  benefit  of  any  school  district,  until  the  president  of  the 
board  of  trustees,  or  in  the  case  of  common  school  districts 
the  trustee  or  some  one  member  of  the  board  of  trustees, 
has  filed  with  the  school  commissioner  having  jurisdiction 
an  affidavit  that  hs  has  made  thorough  investigation  as  to 
the  facts  and  that  to  the  best  of  his  knowledge,  information 
and  belief,  all  the  provisions  of  this  article  have  been  com- 
plied with  in  such  district,  which  affidavit  shall  be  included 
in  the  trustees'  annual  report.  (761) 

It  is  the  duty  of  every  school  commissioner  to  file  with  the 
commissioner  of  education  an  affidavit  in  connection  with 
his  annual  report,  showing  all  districts  in  his  jurisdiction 
that  have  and  those  that  have  not  complied  with  all  the 
provisions  of  this  article,  according  to  the  best  of  his  knowl- 
edge, information  and  belief,  based  upon  a  thorough  inves- 
tigation by  him  as  to  the  facts;  nor  may  any  public  money 
of  the  state  be  apportioned  or  paid  for  the  benefit  of  any 
teachers'  training  class,  teachers'  institute  or  other  school 
mentioned  herein  until  the  officer  having  jurisdiction  or 
supervision  thereof  has  filed  with  the  commissioner  of  educa- 
tion an  affidavit  that  he  has  made  thorough  investigation 
as  to  the  facts  and  that  to  the  best  of  his  knowledge,  infor- 
mation and  belief,  all  the  provisions  of  this  article  relative 
thereto  have  been  complied  with.  (761) 

The  principal  of  each  normal  school  in  the  state  must  at 
the  close  of  each  school  year  file  with  the  commissioner  of 
education  an  affidavit  that  all  the  provisions  of  this  article 
applicable  thereto  have  been  complied  with  during  the 
school  year  just  terminated  and  until  such  affidavit  shall  be 
filed  no  warrant  shall  be  issued  by  the  commissioner  of  educa- 
tion for  the  payment  by  the  treasurer  of  any  part  of  the 
money  appropriated  for  such  school.  (761) 

It  is  the  duty  of  the  commissioner  of  education  to  provide 
blank  forms  of  affidavit  required  herein  for  the  use  by  the 
local  school  officers,  and  he  must  include  in  his  annual  report 
a  statement  showing  every  school,  city  or  district  which  has 


District]  Kindergartens  205 

failed  to  comply  with  all  the  provisions  of  this  article  during 
the  preceding  school  year.  (761) 

On  complaint  by  appeal  to  the  commissioner  of  education 
by  any  patron  of  the  schools  mentioned  in  the  last  preceding 
section,  or  by  any  citizen,  that  any  provision  of  this  article 
has  not  been  complied  with  in  any  city  or  district,  the  com- 
missioner of  education  must  make  immediate  investigation, 
and  on  satisfactory  evidence  of  the  truth  of  such  complaint, 
must  thereupon  and  thereafter  withhold  all  public  money 
of  the  state  to  which  such  city  or  district  would  otherwise 
be  entitled,  until  all  the  provisions  of  this  article  shall  be 
complied  with  in  said  city  or  district,  and  shall  exercise  his 
power  of  reclamation  and  deduction.  (761,  462) 

Trustees  may  establish  and  maintain  one  or  more 
free  kindergarten  schools.  The  moneys  for  the  support 
of  such  schools  are  to  be  raised  in  like  manner  as  for  the 
support  of  the  other  public  schools  of  such  district. 
No  child  under  the  age  of  4  years  shall  be  admitted  to 
the  schools,  and  the  local  school  authorities  are  here- 
by empowered  to  fix  the  highest  age  limit  of  children 
who  may  attend.  (840) 

(107  Cal  187.  18  Colo  234.  83  Pac  250) 

All  teachers  employed  in  these  schools  must  be  licensed 
in  accordance  with  rules  and  regulations  established  by  the 
commissioner  of  education,  and  share  in  the  distribution 
of  district  quotas.  The  attendance  of  children  under  the 
age  of  5  years  who  may  be  enrolled  in  the  schools  must  be 
reported  separately  and  will  be  counted  in  the  distribution 
of  public  money.  (840) 

It  is  the  duty  of  the  authorities  of  every  public 
school  in  this  state  to  assemble  the  scholars  in  their 
charge  on  Arbor  day,  the  Friday  following  May  1,  in 
the  school  building,  or  elsewhere,  as  they  may  deem 
proper,  and  to  provide  for  and  conduct,  under  the 
general  supervision  of  the  city  superintendent  or  the 


206        Trustees:  Course  of  Study        [Part  I 

school  commissioner,  or  other  chief  officers  having  the 
general  oversight  of  the  public  schools  in  each  city  or 
district,  such  exercises  as  shall  tend  to  encourage  the 
planting,  protection  and  preservation  of  trees  and 
shrubs,  and  an  acquaintance  with  the  best  methods  to 
be  adopted  to  accomplish  such  results.  (740-1) 

The  commissioner  of  education  has  power  to  prescribe 
from  time  to  time  a  course  of  exercises  and  instruction  in 
the  subjects  hereinbefore  mentioned,  which  are  to  be  adopted 
and  observed  by  the  public  school  authorities  on  Arbor  day, 
and  upon  receipt  of  copies  of  such  course  sufficient  in  number 
to  supply  all  the  schools  under  their  supervision,  the  school 
commissioner  or  city  superintendent  aforesaid  must  promptly 
provide  each  of  the  schools  under  his  or  their  charge  with 
a  copy,  and  cause  it  to  be  observed.  (742) 

The  legislature  must  annually  make  an  appropriation  for 
carrying  out  the  provisions  of  this  article,  upon  the  recom- 
mendation of  the  commissioner  of  education.  (743) 

Text-books  are  usually  adopted  by  the  trustees  and 
these,  and  these  only,  are  to  be  used  by  the  pupils. 

(12  Allen  127,  95  111  263,  38  Me  376,  59  N  H  473,  29  Ohio  89,  32  Vt  224. 
But  see  79  111  567.  87  111  303,  50  la  152,  35  Wis  59) 

In  New  York  district  schools,  the  district  adopts  the 
text-books.  (580) 

In  Ga.  the  teacher  may  not  receive  pay  if  he  permits  the 
pupil  to  use  other  than  the  prescribed  text-books. 

In  most  states  pupils  may  be  refused  admission  whose 
parents  fail  to  provide  them  with  the  proper  text-books 
for  their  classes.  (2  111  A  584,  108  Ind  31) 

Ariz,  and  Ore.  forbid  the  child  to  be  excluded  till  his 
parents  have  had  one  weeks'  notice. 

Most  states  make  provision  for  supplying  text-books  to 
children  whose  parents  are  unable  to  purchase  them.  (45 
N  W  289) 

In  1881,  Sup't  Gilmour  of  New  York  decided  that  a  pupil 
could  not  be  suspended  for  failing  to  procure  a  certain  kind  of 


District]  Grading  Pupils  207 

lead-pencil  for  drawing  (5.  B.  viii.  135).  In  1879,  the  Ohio 
court  of  common  pleas  in  the  case  of  Wm.  A.  Tucker  vs. 
Pomeroy  board  of  education,  held  that  a  pupil  could  not  be 
suspended  for  refusing  to  purchase  a  drawing-tablet,  as  the 
parent  had  the  right  to  select  which  studies  his  child  should 
take  and  to  direct  her  to  omit  drawing. — 5.  B.  vi.  97.  See 
pages  208-13. 

Grading  of  pupils  that  is,  directing  how  advanced 
classes  pupils  shall  enter,  is  in  the  hands  of  the  teacher, 
subject  to  such  rules  and  courses  of  study  as  may  have 
been  established  by  the  trustees. 

In  schools  where  there  is  a  principal  or  a  superintendent, 
this  responsibility  is  confined  to  him. 

There  is  no  appeal  from  the  action  of  the  teacher.  In 
N.  D.  the  appeal  is  to  the  county  superintendent. 

The  Oregon  law  says  teachers  have  the  right,  and  it  is 
their  duty,  within  reasonable  limits,  to  direct  and  control 
the  studies  of  their  pupils ;  to  arrange  them  in  proper  classes, 
and  to  decide,  subject  to  these  rules,  what  and  how  many 
studies  each  shall  pursue. 

Arizona  says  all  pupils  who  have  fallen  behind  their  grade 
by  absence  or  irregularity  of  attendance,  by  indolence  or 
inattention,  shall  be  placed  in  the  grade  below  at  the  discre- 
tion of  the  teacher. 

The  regulation  of  the  grade  of  schools,  the  transfer 
of  a  school  from  one  grade  to  another,  and  the  grading 
or  classification  of  teachers  are  within  the  power  of 
the  board.  (40  Al.  La  806) 

In  1901,  the  Philadelphia  board  was  sustained  in  ruling 
that  only  graduates  of  the  school  of  pedagogy  were  eligible 
for  7th  and  8tfi  grades  of  boys  grammar  schools. 

Susan  Matilda  Scott  was  elected  in  1896  by  the  sectional 
board  of  the  8th  district  of  Philadelphia  principal  of  the 
Locust  street  mixed  grammar  school.  The  board  of  educa- 
tion refused  to  confirm,  since  by  their  by-laws  no  woman 


208        Trustees:  Course  of  Study        [Part  I 

could  be  principal  of  a  mixed  grammar  school.  She  got  no 
pay  for  two  years  service. —  N.  Y.  School  Journal,  Oct.  8,  1898. 
Compelling  pupils  to  follow  the  course  of  study  was 
formerly  considered  an  unquestionable  prerogative 
of  the  teacher. 

(48  Cal  36,  5  Gush  198,  8  Cush  160,  50  la  152,  27  Me  281,  38  Me  376,  38  Mo 
679.  59  N  H  473,  23  Pick  224,  32  Vt  224) 

One  Iowa  decision  held  that  if  it  is  necessary  for  the  good 
of  the  school  that  the  pupil  should  study  certain  subjects 
that  the  parent  objects  to  his  pursuing,  the  teacher  may  not 
only  enforce  the  study  by  beating  the  pupil,  but  may  expel  or 
suspend.  (1  la  359,  50  la  152) 

Thus  composition  might  be  required  of  all  and  a  girl  might 
be  expelled  for  refusing  to  declaim,  even  though  her  father 
had  conscientious  scruples  against  females'  speaking  in  public. 
(D.  1874). 

(59  N  H  473,  32  Vt  224,  35  Wis  59) 

In  November,  1871,  Superintendent  Clark,  of  Defiance, 
Ohio,  suspended  the  son  of  J.  J.  Sewell,  for  persistent  failure 
to  have  at  the  proper  time  his  rhetorical  exercises.  The 
father  brought  suit  for  $1,000  damages.  On  appeal  to  the 
Supreme  Court,  under  sec.  54  of  the  act  of  May  1,  1873,  the 
decision  of  the  lower  court  was  affirmed  that  there  was  no 
cause  of  action,  and  the  defendant  was  allowed  the  costs 
of  prosecution.  (29  Ohio  89,  110  S  W  346)  For  similar 
case  in  Still  water,  Minn.,  see  S.  B.  vi.  97. 

In  a  N.  H.  case  the  court  held:  "However  judicious  it  may 
be  to  consult  the  wishes  of  parents,  the  disintegrating  princi- 
ple of  paternal  authority  to  prevent  all  classification  and 
destroy  all  system  in  any  school,  public  or  private,  is  unknown 
to  the  law."  (59  N  H  473) 

A  Wisconsin  decision  called  attention  to  the  fact 
that  the  modern  tendency  of  opinion  is  toward  holding 
that  the  school  is  for  the  child,  not  the  child  for  the 
school. 

On  Dec.  18,  1872,  Annie  Morrow  began  teaching  a  district 
school  in  Grant  county.  James  Wood  sent  his  son,  a  boy 


District]  Compelling  Pupils  to  Follow  it  209 

about  12  years  of  age,  to  the  school.  The  defendant  wished 
his  boy  to  study  orthography,  reading,  writing,  and  also 
wished  him  to  give  particular  attention  to  the  subject  of 
arithmetic,  for  very  satisfactory  reasons  which  he  gave  on 
trial.  In  addition  to  these  studies  the  plaintiff  at  once 
required  the  child  to  also  study  geography,  and  took  pains 
to  aid  him  in  getting  a  book  for  the  purpose.  The  father 
on  being  informed  of  this,  told  the  boy  not  to  study  geog- 
raphy, but  to  attend  to  his  other  studies,  and  the  teacher 
was  properly  and  fully  advised  of  this  wish  of  the  parent, 
and  also  knew  that  the  boy  had  been  forbidden  by  his  parent 
from  taking  that  study  at  that  time.  But  claiming  and  in- 
sisting that  she  had  the  right  to  direct  and  control  the  boy 
in  respect  to  his  studies,  even  as  against  his  father's  wishes, 
she  commanded  him  to  take  his  geography  and  get  his 
lesson.  And  when  the  boy  refused  to  obey  her  and  did  as 
he  was  directed  by  his  father,  she  resorted  to  force  to  compel 
obedience.  All  this  occurred  in  the  first  week  of  school. 
*  *  *  *  Under  the  circumstances,  the  plaintiff  had  no  right 
to  punish  the  boy  for  obedience  to  the  commands  of  his  father 
in  respect  to  the  study  of  geography.  She  entirely  exceeded 
any  authority  which  the  law  gave  her,  and  the  assault  upon 
the  child  was  unjustifiable.  (35  Wis  59) 

Interesting  contemporary  expressions  of  opinion  by  leading 
educators  were  printed  in  The  School  Bulletin,  i.  88,  and 
were  quoted  in  former  editions  of  this  volume. 

In  111.  a  boy  had  omitted,  on  account  of  ill-health,  the 
study  of  English  grammar.  On  application  he  was  admitted 
to  a  high  school.  The  teachers  of  the  school  discovered 
that  he  was  deficient  in  this  study,  and  they  required  him 
to  pass  an  examination  for  it.  Not  complying  he  was  expelled. 
A  mandamus  was  issued  to  compel  the  trustees  to  admit 
him  again.  The  trustees  took  an  appeal,  and  the  Supreme 
Court t  affirmed  saying  "No  particular  branch  of  study  is 
compulsory  upon  those  who  attend  school.  (87  111  303) 

A  girl  was  expelled  from  a  public  school  because,  under  the 
direction  of  her  parents,  she  refused  to  study  book-keeping. 
She  instituted  an  action  of  trespass  against  the  directosr 


210        Trustees:  Course  of  Study        [Part  I 

and  principal  of  the  school,  and  on  trial  in  the  court  below 
the  jury  found  a  verdict  in  her  favor,  and  assessed  the  dam- 
ages at  $136.  On  appeal  it  was  affirmed  by  the  court:  "A 
statute  which  enumerates  the  branches  that  teachers  shall 
be  qualified  to  teach,  gives  all  the  children  in  the  State  the 
right  to  be  instructed  in  those  branches.  But  neither  teachers 
nor  directors  have  power  to  compel  pupils  to  study  other 
branches,  nor  to  expel  a  pupil  for  refusing  to  study  them." 
(87  111  303) 

(79  Tnd  567,  9  N  W  356,  48  N  W  393,  32  Vt  224) 

Carl  Hallet,  a  pupil  in  the  union  free  school  at  Riverhead, 
refused  to  declaim,  following  in  the  matter  his  father's 
directions.  He  was  expelled  from  school,  and  action  was 
brought  against  the  principal  and  board  of  education  before 
the  Supreme  Court,  April  26,  1877.  In  his  charge  to  the 
jury,  C.  E.  Pratt,  justice,  spoke  as  follows: 

In  my  private  opinion  this  requirement  upon  the  part  of 
these  trustees  and  of  this  teacher  was  a  perfectly  reasonable 
one,  and  one  which  they  should  have  been  permitted  to 
enforce.  I  may  say  further,  and  I  think  you  will  all  agree 
with  me,  that  it  is  utterly  useless  to  attempt  to  conduct  a 
public  school  unless  there  is  secured  by  certain  rules  and 
regulations  a  thorough  discipline;  and  more  particularly  is 
it  necessary  that  it  should  be  understood  by  those  who 
partake  of  the  benefits  of  the  system,  that  the  rules,  whatever 
they  may  be,  are  to  be  impartially  enforced. 

In  thus  stating  my  private  opinion,  however,  I  would 
impress  upon  your  minds  the  fact  that  it  is  immaterial  what 
may  be  your  or  my  personal  feeling  upon  any  matter  of  this 
kind.  We  are  bound  to  accept  the  law  as  we  find  it.  If  the 
law  is  wrong  it  is  not  for  you  to  rectify  it.  There  is  no  safety 
in  the  administration  of  justice  unless  the  laws  are  strictly 
carried  out.  In  this  case  I  am  confident  there  are  members 
upon  this  jury  who,  controlled  as  they  are  by  their  feelings 
of  regard  for  the  common  school  system,  and  knowing  as 
they  do  the  necessity  of  upholding  the  hands  of  those  who 
have  the  schools  in  charge,  would  hesitate  for  a  long  time 
before  rendering  any  verdict  against  the  defendants,  however 


District]  Compelling  Pupils  to  Follow  it  211 

clear  the  law  might  be,  if  any  excuse  could  be  found  which 
would  satisfy  their  consciences  in  thus  withholding  it.  Hence, 
in  order  that  this  question  may  be  determined,  I  propose  to 
relieve  you  from  any  responsibility  in  deciding  the  main 
issues  in  this  case  by  saying  to  you  that  you  must  find  a 
verdict  for  the  plaintiff;  and  the  only  question  which  I  pro- 
pose to  submit  to  you  is  that  of  damages.  And  while  stating 
to  you,  as  I  have  done,  my  private  opinion  and  feeling  upon 
this  subject,  I  must  at  the  same  time  say,  that  from  reading 
the  decisions  of  courts  in  other  states  upon  laws  the  provis- 
ions of  which  are  similar  to  those  under  which  this  school 
in  question  was  established  and  is  regulated,  I  feel  constrained 
to  say  that  there  must,  upon  the  facts  of  this  case,  be  techni- 
cally a  verdict  for  the  plaintiff. 

In  explanation  it  is  perhaps  proper  that  I  should  state 
that  the  rule  of  law  is  that  this  board  of  trustees  may  desig- 
nate a  course  of  study,  within  the  authority  delegated  to 
them  by  statute,  and  that  they  may  also  prescribe  the  text- 
books to  be  used  in  pursuing  this  course  of  study.  And  you 
see  the  necessity  of  this.  It  would  be  utterly  impossible  to 
conduct  any  school  if  every  parent  should  undertake  to 
dictate  as  to  the  character  of  the  text-book  to  be  used  by  the 
scholar.  Take  a  school  of  two  or  three  hundred  scholars 
and  as  many  different  kinds  of  text-books,  and  you  would 
have  about  as  many  classes  as  students ;  and  hence  the  school 
could  not  be  classified  at  all,  and  the  great  object  in  view,  that 
is,  the  public  benefit  which  is  to  be  obtained  from  grouping 
together  of  children  and  educating  them  at  the  public  expense 
— would  be  utterly  lost.  The  law  has  therefore  provided 
that  these  trustees  shall  have  a  wide  discretion  in  making 
rules,  not  only  for  the  government  and  discipline  of  the  school 
while  it  is  in  session,  but  also  that  they  may  regulate  the 
various  classifications  and  gradations,  and  designate  text- 
books that  shall  be  used  in  the  schools, 

But  here  comes  the  question  whether,  in  addition  to  the 
course  of  study  prescribed  by  statute,  the  trustees  shall  be 
permitted  to  say  that  a  child  shall  pursue  a  study  which  the 
parent  who  is  the  guardian  and  has  the  control,  nurture, 


212        Trustees:  Course  of  Study        [Part  I 

and  education  of  the  child,  desires  that  the  child  shall  not 
pursue.  /  am  constrained  to  hold  the  law  to  be  that  where 
there  is  an  irreconcilable  difference  of  opinion  between  the  teacher, 
or  the  board  of  trustees,  and  the  parent,  in  regard  to  a  study 
which  is  not  included  among  those  that  the  trustees  are  empowered 
to  prescribe,  the  will  of  the  parent  must  control.  I  think  that 
the  law  has  not  taken  away  the  natural  right  of  the  parent 
to  control  the  education  of  the  child  in  that  regard;  and  the 
parent  is  presumed  to  know  the  capacity,  the  temperament, 
and  the  qualifications  of  the  child,  and  his  ability  to  take 
any  particular  study  or  not.  When  the  teacher  or  the 
trustees  undertake  to  say  that  a  child  shall  pursue  a  partic- 
ular study  which  is  not  included  in  the  statutory  list  of 
studies  I  think  they  exceed  their  authority.  And  when  that 
is  made  the  basis  of  an  attempt  to  deprive  the  child  of  its 
right  to  attend  school,  and  enjoy  the  benefits  which  arise 
from  the  laying  of  a  common  burden  upon  the  community, 
I  hold  that  they  are  liable,  technically  liable,  for  the  act. 
Of  course  the  parent  cannot  dictate  that  the  child  shall  take 
a  study  which  is  not  included  in  the  regular,  prescribed  list. 
This  duty,  this  obligation,  is  reciprocal.  The  parent  cannot 
say  that  the  child  shall  study  any  branch  not  prescribed,  nor  can 
the  school  authorities  insist  that  the  child  shall  pursue  a  study 
not  in  the  prescribed  list,  against  the  will  of  the  parent. 
See  also  5.  B.  vi.  97. 

It  will  be  observed  that  this  New  York  decision 
applies  only  to  studies  not  prescribed  in  the  statute. 
But  as  it  plainly  follows  the  rulings  of  the  western 
courts,  we  give  a  further  quotation  from  the  Wiscon- 
sin decision  already  referred  to : 

In  our  opinion,  there  is  a  great  and  fatal  error  in  this  part 
of  the  charge,  in  asserting  or  assuming  the  law  to  be  that  upon 
an  irreconcilable  difference  of  views  between  the  parents  and 
teachers  as  to  what  studies  the  child  shall  pursue,  the  author- 
ity of  the  teacher  is  paramount  and  controlling.  We  do  not 
understand  that  there  is  any  recognized  principle  of  law,  nor 


District]     Compelling  Pupils  to  Follow  it   213 

do  we  think  there  is  any  recognized  rule  of  moral  or  social  usage, 
which  gives  the  teacher  an  absolute  right  to  prescribe  and  dictate 
what  studies  the  child  shall  pursue,  regardless  of  the  views  or 
wishes  of  the  parent.  From  what  source  does  the  teacher 
derive  this  authority  ?  Ordinarily,  it  will  be  conceded,  the 
law  gives  the  parent  the  exclusive  right  to  govern  and  control 
the  conduct  of  his  minor  children;  it  is  one  of  the  earliest  and 
most  sacred  duties  taught  the  child  to  know  and  obey  its 
parents.  The  situation  is  truly  lamentable,  if  the  condition 
of  the  law  is  that  he  is  liable  to  be  punished  by  the  parent 
for  disobeying  his  orders  in  regard  to  his  studies,  and  the 
teacher  may  lawfully  chastise  him  for  not  disobeying  his 
parents  in  that  particular.  (35  Wis  59) 

It  was  held  by  the  supreme  court  of  Oklahoma  in 
1909  that  the  parent  has  a  right  to  make  a  reasonable 
selection  even  from  the  prescribed  studies  for  ths  child 
to  pursue,  and  that  this  selection  must  be  respected  by 
the  trustees,  as  the  right  of  the  parent  in  that  regard 
is  superior  to  that  of  the  trustees  and  the  teachers. 

(31  Neb  552,  57  Neb  188,  35  Nev  6,  48  N  W  393,  52  N  W  710,  77  N  W  662) 

This  is  especially  true  of  religious  instruction,  the 
controversies  in  regard  to  which  have  been  so  fre- 
quent that  we  give  the  subject  a  separate  chapter. 


CHAPTER    XVIII 
Trustees;  Religious  Instruction 

In  New  York  the  decisions  of  the  State  Department 
have  uniformly  denied  the  right  to  insist  upon  re- 
ligious exercises  of  any  kind. 

In  the  year  1853,  Margaret  Gifford,  a  common-school 
teacher  in  South  Easton,  Washington  county,  ordered 
William  Callaghan,  a  pupil  aged  twelve  years,  "to  study  and 
read  the  Protestant  Testament"  He  declined  to  do  so  on 
the  ground  "that  he  was  a  Catholic,  and  did  not  believe  in 
any  but  the  Catholic  Bible".  The  teacher  consulted  the 
trustees  on  the  subject,  and  on  the  next  day  again  required 
the  boy  to  read  out  of  the  King  James  Bible.  The  boy 
declared  "his  unwillingness  to  disobey  the  orders  of  his 
parents  and  violate  the  precepts  of  his  religion",  whereupon 
the  teacher  "chastised  him  severely  with  her  ferule  and  then 
expelled  him  ignominiously  from  the  school." 

An  appeal  was  taken  to  Henry  S.  Randall,  then  Superin- 
tendent of  Common  Schools,  who  quoted  and  endorsed  the 
following  opinion  of  his  predecessor,  John  C.  Spencer: 

' '  Prayers  cannot  form  any  part  of  the  school  exercises,  or  be 
regulated  by  the  school  discipline.  If  had  at  all,  they  should 
be  had  before  the  hour  of  9  o'clock,  the  usual  hour  for  com- 
mencing school  in  the  morning,  and  after  5  in  the  afternoon. 
If  any  parents  are  desirous  of  habituating  their  children  to 
the  practice  of  thnking  their  Creator  for  his  protection  during 
the  night,  and  invoking  his  blessing  on  the  labors  of  the  day, 
they  have  a  right  to  place  them  under  the  charge  of  the 
teacher  for  that  purpose.  But  neither  they  nor  the  teacher 
have  any  authority  to  compel  the  children  of  other  parents 
who  object  to  the  practice  from  dislike  of  the  individual  or 
his  creed,  or  from  any  other  cause,  to  unite  in  such  prayers. 
And,  on  the  other  hand,  the  latter  have  no  right  to  obstruct 

(214) 


District]        The  New  York  Ruling  215 

the  former  in  the  discharge  of  what  they  deem  a  sacred  duty. 
Both  parents  have  rights ;  and  it  is  only  by  mutual  and  recip- 
rocal regard  by  each  to  the  rights  of  the  other  that  peace 
can  be  maintained  or  the  school  can  flourish.  The  teacher 
may  assemble  in  his  room  before  9  o'clock  the  children  of 
those  parents  who  desire  him  to  conduct  their  religious  exer- 
cises for  them ;  and  the  children  of  those  who  object  to  the 
practice  will  be  allowed  to  retire  or  absent  themselves  from 
the  room.  If  they  persist  in  remaining  there,  they  must 
conduct  with  the  decorum  and  propriety  becoming  the 
occasion.  If  they  do  not  so  conduct,  they  may  be  dealt  with 
as  intruders." — Orders  and  Decisions, viii.  102. 

Superintendent  Randall,  after  stating  that  this  is  the 
first  instance  in  which  an  appeal  in  regard  to  the  reading  of 
the  Bible  has  been  brought  before  the  Department,  then  goes 
on  to  discuss  the  general  question  of  the  connection  of  intel- 
lectual and  religious  instruction,  and  concludes  as  follows: 

"I  believe  the  Holy  Scriptures,  and  especially  that  portion 
of  them  known  as  the  New  Testament,  are  proper  to  be  read 
in  the  schools  by  pupils  who  have  attained  sufficient  literary 
and  mental  culture  to  understand  their  import.  I  believe 
they  may,  as  a  matter  of  right,  be  read  as  a  class-book  by 
those  whose  parents  desire  it.  But  I  am  clearly  of  the  opinion 
that  the  reading  of  no  version  of  them  can  be  forced  on  those 
whose  consciences  and  religion  object  to  such  version. 

"Assuming  the  facts  stated  in  the  complaint  to  be  true,  I 
consider  the  conduct  of  the  teacher,  Margaret  Gifford,  to  be 
not  only  unwarrantable  but  barbarous.  That  she  should 
not  only  'ignominiously  expel1  the  pupil,  but  that  she  should 
gratuitously  inflict  a  preliminary  castigation  on  a  child  of 
tender  years,  who  plead  the  'commands  of  his  parents  and 
the  precepts  of  his  religion'  against  the  obeyal  of  her  orders, 
betrays  feelings  as  unusual  to  her  sex  as  repugnant  to  the 
mild  precepts  of  that  Gospel  which,  I  trust,  with  honest 
though  certainly  with  mistaken  zeal,  she  attempted  to 
uphold.  Perhaps  she  deserves  a  lesser  measure  of  reprehen- 
sion if  she  acted,  as  would  appear,  though  it  is  not  expressly 
stated,  under  directions  of  the  trustees.  But  neither  the 


216        Trustees :  Religious  Exercises    [Part  I 

trustees,  the  majority  of  the  people  in  the  district,  the  town 
superintendent,  nor  all  of  these  united,  would  have  power  to 
authorize  such  an  outrage." — N.  Y.  Teacher,  ii.  279-282. 

In  accordance  with  this  decision,  it  has  been  uni- 
formly ruled  that  pupils  cannot  be  compelled  to  attend 
religious  services  (D  1753,  1763),  and  that  the  law 
gives  no  authority,  as  a  matter  of  right,  to  use  any 
portion  of  the  regular  school  hours  in  conducting  any 
religious  exercises  at  which  the  attendance  of  pupils  is 
made  compulsory  (D  185,  13  Barb  400).  As  to  re- 
ligious garb,  see  page  79. 

Religious  opening  exercises  prevail  in  a  large  pro- 
portion of  New  York  schools,  Catholic  children  being 
permitted  to  remain  outside  till  the  exercises  are  con- 
cluded if  their  parents  choose  to  have  them,  which  is 
seldom  the  case. 

This  last  permission  is  usual  where  Bible  reading  is  permit- 
ted (12  Allen  127,  64  la  367),  but  it  has  been  held  in  111.  that 
a  boy  could  be  expelled  for  studying  his  lessons  while  the 
Bible  was  being  read  (95  111  263),  in  Mo.  that  the  trustees 
could  compel  the  reading  of  the  Bible  (38  Mo  679),  and  in 
Me.  that  a  child  could  be  expelled  for  refusing  to  read  it 
(38  Me  376). 

In  1900  the  city  of  Utica  rescinded  the  rule  permitting 
reading  the  Bible  and  appropriate  singing. 

In  other  states  usage  depends  upon  the  interpre- 
tation of  the  courts  of  what  may  be  considered  sec- 
tarian instruction. 

"Sectarian  instruction  is  instruction  in  religious  doctrines 
which  are  believed  bv  some  religious  sects  and  rejected  by 
others."  "Reading  the  bible  is  sectarian  instruction,  and 
the  fact  that  the  children  are  not  obliged  to  remain  in  the 
schoolroom  during  such  reading  does  not  remove  the  cause 
for  complaint."  (76  Wis  177) 


District]          What  is  Sectarian  217 

New  York  gives  this  definition.  "Any  school  of 
which  the  charter,  by-laws  or  rules  provide  that  the 
students,  teachers,  trustees,  or  the  voters  who  elect 
the  trustees,  shall  belong  to  any  particular  religious 
body,  or  any  school  in  which  any  distinctly  denom- 
inational tenet  or  doctrine  is  taught,  shall  be  deemed 
and  treated  as  sectarian.  The  name  of  the  school, 
the  sources  from  which  its  funds  are  derived,  or  the 
denominational  connection  of  its  trustees,  teachers 
or  students,  shall  not  be  construed  as  determining  its 
character  if  under  its  charter,  by-laws  and  rules  the 
official  positions  named  are  not  in  any  way  limited  to 
any  denomination.  Any  school  of  which  the  prin- 
cipal and  the  president  of  the  trustees  shall  certify 
that  under  the  terms  of  this  rule  it  is  unsectarian  shall 
be  considered  till  after  special  inspection  and  report  the 
regents  shall  declare  it  to  be  sectarian." 

In  1869,  the  Cincinnati  school  board  was  restrained  from 
permitting  the  reading  of  the  Bible  (2  Ohio  St  386,  4  Ohio 
St  571) ;  in  1875  the  Chicago  board  was  upheld  in  forbidding 
it  (95  111  263).  New  Haven  forbade  it  in  1878. 

(20  Am  St  41,  59  L  R  A  927,  91  N  W  846) 

Wash,  prohibits  Bible-reading;  Ariz,  revokes  the  certificate 
of  any  teacher  who  conducts  religious  exercises  in  school. 

In  other  states  it  is  held  that  the  Bible  is  not  a  sec- 
tarian book. 

(12  A  len  127,  7  Am  L  R  417,  179  Am  St  599,95  111  262,  38  Me  379  2  Ohio 
56,  7  Pa  St  585,  109  S  W  115) 

It  has  been  held  that  while  the  Bible  itself  is  sectarian, 
a  book  of  selections  from  it  is  not  sectarian.  (29  Am  S  41) 

A  teacher  who  to  quiet  the  pupils  and  prepare  them  for 
their  work  repeats  the  Lord's  prayer  and  the  23d  Paslm  as  a 
morning  exercise  does  not  conduct  a  form  of  religious  worship. 
105  Am  St  148,  117  Am  St  599,  66  L  R  A  166) 


218      Trustees :  Religious  Exercises      [Part  I 

Carl  S.  Bitner  was  imprisoned  in  the  police  court  of  Morris- 
ania,  N.  Y.  city,  for  refusing  to  send  his  son  Carl  to  No. 62 
The  teacher  had  given  for  dictation  this  sentence  from 
Longfellow:  "Let  us  do  our  work  well,  both  the  seen  and  the 
unseen,  make  the  house  where  God  may  dwell  beautiful, 
entire  and  clean."  Young  Bitner  left  out  the  word  "God", 
saying  that  his  father  had  forbidden  him  either  to  utter  or 
write  the  word.  The  teacher  sent  him  home.  Bitner  said 
he  was  an  atheist  and  did  not  wish  any  "nonsensical"  ideas 
inculcated  in  his  children.  The  case  was  dismissed  on 
condition  that  Bitner  should  send  the  child  to  school. —  New 
York  School  Journal,  March  3,  1900. 

The  school  law  of  Ark.  forbids  granting  a  certificate  to  a 
teacher  who  does  not  believe  in  a  Supreme  Being,  and  that  of 
R.  I.  advises  the  rejection  of  any  teacher  who  is  in  the  habit 
of  ridiculing,  or  scoffing  at  religion,  while  111.  says  the  author- 
ities may  select  a  teacher  belonging  to  any  church  or  to  no 
church  as  they  think  best.  (121  111.  297) 

In  N.  D.  and  S.  D.  the  Bible  may  not  be  deemed  a 
sectarian  book,  or  excluded  from  any  public  school. 
It  may  at  the  option  of  the  teacher  be  read  without 
sectarian  comment,  not  to  exceed  10  minutes  daily. 

In  1904  Judge  J.  P.  Herbeson  of  Ky.  dismissed  petition 
for  injunction  against  the  school  trustees  of  Brookville 
against  reading  the  Bible  and  offering  prayer,  holding  that 
the  Bible  is  at  the  foundation  of  Christian  government. 

The  supreme  court  of  Nebraska  holds  that  the  right  of  all 
persons  to  worship  Almighty  God  according  to  the  dictates 
of  their  own  consciences  is  declared  by  the  constitution  of 
that  state  to  be  a  natural  and  indefeasible  right.  There  is 
nothing  in  the  constitution  and  the  laws  of  the  state,  nor  in 
the  history  of  its  people,  upon  which  to  ground  a  claim  that 
it  is  the  duty  of  the  government  to  teach  religion.  The 
whole  duty  of  the  state  with  respect  to  religion  is  "to  protect 
every  religious  denomination  in  the  peaceable  enjoyment  of 


District]  Different  Views  in  Different  States  219 

its  own  mode  of  public  worship".  Enforced  attendance  upon 
religious  services  is  forbidden  by  the  constitution,  and  pupils 
in  a  public  school  cannot  be  required  either  to  attend  such 
services,  or  to  join  in  them.  A  teacher  in  a  public  school 
being  vested  during  school  hours  with  a  general  authority 
over  his  pupils,  his  requests  are  practically  commands.  It  is 
immaterial  whether  the  objection  of  a  parent  to  his  children 
attending  and  participating  in  a  religious  service  conducted 
by  a  teacher  in  the  schoolroom  during  school  hours  is  reason- 
able or  unreasonable.  The  right  to  be  unreasonable  in  such 
matters  is  guaranteed  by  the  constitution.  The  law  does  not 
forbid  the  use  of  the  Bible  in  the  public  schools;  it  is  not 
proscribed  either  by  the  constitution  or  the  statutes;  and 
the  courts  have  no  right  to  declare  its  use  to  be  unlawful 
because  it  is  possible  or  probable  that  those  who  are  privileged 
to  use  it  will  misuse  the  privilege  by  attempting  to  propagate 
their  own  peculiar  theological  or  ecclesiastical  views  and 
opinions.  The  point  where  the  courts  may  rightfully  inter- 
fere to  prevent  the  use  of  the  Bible  in  the  public  school  is 
where  legitimate  use  has  degenerated  into  abuse, — where  a 
teacher  employed  to  give  secular  instruction  has  violated 
the  constitution  by  becoming  a  sectarian  propagandist. 
Whether  it  is  prudent  or  politic  to  permit  Bible  reading  in 
the  public  school  is  a  question  for  the  school  authorities, 
but  whether  the  practice  of  Bible  reading  has  taken  the  form 
of  sectarian  instruction  is  a  question  for  the  courts  to  deter- 
mine upon  evidence.  It  will  not  be  presumed  in  any  case 
that  the  law  has  been  violated.  Every  alleged  violation 
must  be  established  by  competent  proof.  (93  N  W  169) 

It  was  held  in  Ohio  in  1900  that  an  injunction  will  not  lie 
to  restrain  a  teacher  from  reading  the  Bible  in  the  school 
contrary  to  a  resolution  of  the  board  of  education,  the  rem- 
edy of  the  board  being  either  to  discharge  the  teacher  or  to 
rescind  the  rule. 

Religious  services  in  the  schoolhouse  may  be  per- 
mitted in  New  York  by  the  trustees,  where  there  is 
no  opposition  in  the  district,  but  must  be  forbidden 


220       Trustees :  Religious  Exercises    [Part  I 

when  they  would  cause  dissension   (D   3577,   3651, 
3707,  4021,  461,  4164,  4419).     See  page  173. 

(42  111  441,  93  111  61,  9  Ind  458,  35  la  194,  50  la  11,  24  Vt  528) 

So  in  Ark.  N  J.  Utah,  W.  Va.     But  in  some  states 
they  are  forbidden. 

(27  Conn  499, 15  Kan  259, 10  Mo  560  67  Mo  301,  16  Wis  316) 


CHAPTER   XIX 
Trustees:  Corporal  Punishment 

The  right  tojmake  rules  implies  the  power  to  en- 
force them,  and  the  infraction  of  all  reasonable  rules 
may  be  punished.  (116  N  W  232) 

If  the  court  upholds  the  rule  under  which  expulsion 
was  made  it  will  not  review  the  board's  finding  that 
the  pupil  violated  the  rule. 

(56  la  476,  97  la  526,  100  la  317,  129  la  997,  66  N  W  765,  69  N  W  544) 

It  is  only  when  the  rule  is  unreasonable  or  beyond 
the  exercise  of  discretion  that  the  courts  will  say  the 
board  was  unauthorized. 

(116  Ind  11,  30  la  429,  56  la  476,  63  1 1  353,  17  14  A  386.  Ill  Ind  472,  486, 
116  Ind  11.  93  Minn  332) 

But  the  presumption  is  in  favor  of  the  board. 

(31  la  562,  42  la  522  95  111  263,  157  Mass  561) 

There  are  two  final  resorts  in  case  of  disobedience, 
corporal  punishment  and  expulsion. 

(1  City  Hall  Rec  55,  2  Dev  &  Bat  365,  4  F  &  P  202,  3  Head  455,  45  la  248 
84  111  A  270,  2  Ired  50,  19  N  C  365,  68  N  C  322,  71  N  H  619,  2  Pa  L  J  R  78, 
19  Vt  102,  29  Vt  102,  32  Vt  114,  45  Wis  150) 

A  legal  right  to  enforce  discipline  by  means  of  cor- 
poral punishment  exists  in  all  schools  where  it  has  not 
been  expressly  forbidden  by  statute  or  by  regulation. 
This  is  conferred  by  usage  and  confirmed  by  legal  de- 
cision.— Blackstone's  Commentaries,  i.  453. 

The  state  of  New  Jersey,  and  some  cities  like  New  York 
and  Syracuse,  forbid  corporal  punishment. 

(221) 


222      Trustees :  Corporal  Punishment   [Part  I 

The  master  is  in  loco  parentis,  in  the  place  of  the 
parent,  and  has  such  portion  of  the  powers  of  the 
parent  committed  to  his  charge,  viz. :  that  of  restraint 
and  coercion,  as  may  be  necessary  to  answer  the  pur- 
poses for  which  he  is  employed. — Blackstone's  Com- 
mentaries, i.  453;  Bishop's  Common  Law,  7th  ed., 
882;  Schouler's  Domestic  Relations,  4th  ed.,  Sec.  244; 
Addison  on  Torts,  Wood's  ed.,  Sec.  840. 

(88  Ala  169,  3  Am  St  645,  16  Am  St  31,  4  Gray  36  5  Pa  L  J  R  78,  45  Wis. 
150) 

In  one  point  the  teacher's  rights  are  greater  than  those  of 
the  parent.  The  teacher  could  no  doubt  expel  a  pupil  for 
an  offence  which  would  not  justify  the  parent  in  turning  a 
son  out  of  doors. — Williams,  p.  274. 

The  schoolmaster  has  a  right  to  give  moderate  corporal 
correction  to  his  pupils  for  disobedience  to  his  lawful  com- 
mands, for  negligence,  or  for  insolent  conduct.  A  school- 
master, in  his  own  right,  and  not  by  delegation,  possesses 
this  authority. — Reeves's  Domestic  Relations,  p.  534. 

The  law  relating  to  public  and  private  schools  is  the  same 
as  far  as  relates  to  the  discipline  of  the  school  (49  N  H 
473). 

In  case  of  a  private  school,  the  parent  may  withdraw 
the  child  at  any  time,  and  thus  terminate  the  teacher's 
delegated  right.  (23  Q  B  305,  24  Q  B  283) 

If  a  person  over  21  years  old  voluntarily  attends  school, 
he  is  subject  to  the  same  discipline  as  children  of  school  age 
(45  la  248,  27  Me  266,  35  Wis  59).  A  man  teacher  has  been 
sustained  for  whipping  a  woman  pupil  21  years  old  (4  la  248). 

In  New  York  the  right  to  inflict  corporal  punish- 
ment is  affirmed  by  statute. 

To  use  or  attempt,  or  offer  to  use,  force  or  violence 
upon  or  toward  the  person  of  another  is  not  unlawful 


District]  A  Statute  Right  in  New  York  223 

when  committed  by  any  guardian,  master  or  teacher  in 
the  exercise  of  a  lawful  authority  to  restrain  or  correct 
his  child  or  scholar,  and  the  force  or  violence  used  is 
reasonable  in  manner  and  moderate  in  degree.  (88: 1909) 

So  in  English  act  for  Prevention  of  cruelty  to  children,  1899: 
"Nothing  in  this  act  is  to  be  construed  to  take  away  the 
right  of  any  parent,  teacher,  or  other  person  having  the 
lawful  control  of  the  child,  to  administer  punishment." 

But  even  here  the  teacher  is  subject  to  the  rules  es- 
tablished by  the  trustees.  When  the  trustees  have 
made  a  rule  forbidding  corporal  punishment,  the 
teacher  may  not  inflict  it.  (D  4355) 

On  the  other  hand  the  education  department 
ruled  April  4,  1901  that  when  the  trustees  of  any 
school  district  authorize  or  direct  corporal  punish- 
ment to  be  administered,  it  is  the  teacher,  not  the 
trustees,  that  administers  the  punishment  and  the 
trustees  have  no  authority  to  direct  the  kind  of  pun- 
ishment to  be  used  or  the  extent  of  punishment. 

The  principal  may  of  course  punish  for  offences  com- 
mitted in  other  departments  of  the  school. 

A  school  teacher  while  in  the  school-room  is  re- 
sponsible for  maintaining  good  order,  and  he  must  be 
the  judge  to  some  extent  of  the  degrees  and  nature  of 
the  punishment  required  when  his  authority  is  set  at 
defiance;  and  although  he  will  be  held  amenable  to 
the  law  for  any  abuse  of  this  discretion,  still  he  will  not 
be  held  liable  on  the  ground  of  excessive  punishment 
unless  the  punishment  is  clearly  excessive,  and  would 
be  held  so  in  the  judgment  of  reasonable  men.  The 


224     Trustees :  Corporal  Punishment     [Part  I 

teacher  should  have  the  benefit  of  the  doubt. —  Kent's 
Commentaries,  203-206;  Wharton's  Criminal  Law, 
9th  ed.  Sec.  632. 

(3  Am  St  146,  102  Am  St  527,  3  Head  445,  74,111  A  270,  69  Ind  295,  78 
Me  509,  63  N  C  1,  78  N  C  322,  9  N  H  722,  5  PaL  J  78,  5  S  W  122,  106  S  W 
359,  20  Vt  487,  27  Vt  755,  45  Wis  150  B  Jt  see  7  Me  273) 

The  law  presumes  that  the  teacher  acts  correctly  and  with 
justice,  and  it  must  be  shown  by  evidence  that  he  has  not  so 
acted. — Cooley's  Constitutional  Limitations,  421. 

The  teacher  has  even  been  sustained  for  whipping  a  child 
for  coughing  in  school,  when  in  his  judgment  it  was  done 
voluntarily  to  disturb  the  school.  (64  N  H  297) 

In  a  decision  rendered  by  the  New  York  general 
term  at  Ithaca,  1879,  where  a  boy  was  punished  for 
addressing  an  indecent  remark  to  a  woman  teacher, 
the  court  held : 

There  can  be  no  doubt  that  the  boy  deserved  a  sound 
punishment.  He  was  old  enough  to  know  the  meaning  of 
the  words  and  the  gross  impropriety  of  using  them  to  any 
teacher,  and  especially  to  a  lady.  And  when  the  offence 
was  undoubtedly  committed,  and  was  wilful  and  indecent, 
and  the  offender  was  no  longer  a  mere  child,  neither  courts 
nor  juries  should  be  quick  to  criticise  an  excess  of  severity  in  to 
which  the  proper  indignation  of  the  teacher  may  have  led  him. 

In  Potter's  "Devorris",  page  518,  it  is  said  that  "In  deciding 
questions  of  discipline  the  teacher  acts  judicially  and  is  not  to  be 
made  liable,  either  civilly  or  criminally  unless  he  has  acted  with 
express  malice  and  been  guilty  of  such  excess  in  punishment 
that  malice  must  be  implied"  And  again  at  page  530:  "When 
the  correction  administered  is  not  in  itself  immoderate  and 
therefore  beyond  the  authority  of  the  teacher,  its  legality  or 
illegality  must  depend  entirely  we  think  on  the  quo  animo 
with  which  it  is  administered.  Within  the  sphere  of  his  author- 
ity the  master  is  the  judge  where  correction  is  required,  and  the 
degree  of  correction  necessary,  and  like  others  entrusted  with  a 
discretion,  he  can  not  be  made  penally  responsible  for  error  of 


District]  Cause;  Force  225 

1'udgment,  but  only  for  wickedness  of  purpose." — 5.  B.  vi.    35. 
Evidence  that  the  scholar  was  obedient  in  preceding  years 
under  other  teachers  is  inadmissable.     (106  S  W  359) 

1.  Sufficient  cause  must  be  shown. 

The  legal  objects  and  purposes  of  punishment  in  schools  are 
like  the  objects  and  purposes  of  the  state  in  punishing  the 
citizen.  They  are  three-fold:  (1)  the  reformation  and  highest 
good  of  the  pupil;  (2)  the  enforcement  and  maintenance  of 
correct  discipline  in  school;  (3)  as  an  example  to  like  evil  doers. 
And  in  no  case  can  the  punishment  be  justifiable  unless  it  be 
inflicted  for  some  definite  offence  or  offences  which  the  pupil 
has  committed,  and  the  pupil  is  given  to  understand  he  or  she 
is  being  punished  for.  *  *  *  It  does  not  require  the  teacher 
to  state  to  the  pupil  in  clear  and  distinct  terms  the  offence  for 
which  he  or  she  is  being  punished.  It  only  requires  that  the 
pupil  as  a  reasonable  being,  should  understand  from  what 
occurs  for  what  the  punishment  is  inflicted.  (50  la  152) 

In  Ind.  a  rule  requiring  pay  for  school  property  wantonly 
or  carelessly  destroyed  should  not  be  enforced  by  corporal 
punishment.  (18  N  E  266) 

2.  Any    required    force    may    be  employed.     It  is 
the  teacher's  first  duty  to  be  master  of  the  school. 

A  teacher  may  use  whatever  force  is  necessary  to  take  a 
pistol  away  from  a  pupil.  (21  Tex  36) 

In  1880  Francis  J.  Cheney,  then  principal  of  the  Dry  den 
school  expected  resistance  and  asked  two  of  the  larger  boys  to 
assist  him  in  case  there  should  be  resistance.  As  expected,  the 
boy  rebelled,  assuming  a  threatening  position  and  declaring  de- 
fiantly that  he  would  not  be  whipped.  At  this  point  the  two 
pupils  laid  the  boy  on  the  floor  and  held  him  down  while  the 
teacher  whipped  him  with  a  maple  ruler.  The  case  was  tried 
before  the  court  of  special  sessions,  and  the  defence  insisted 
that  when  the  law  gave  the  teacher  a  right  to  inflict  punish- 
ment it  gave  him  also  the  right  to  choose  the  means  of  punish- 
ment and  that  it  was  more  to  his  credit  to  call  in  sufficient 
help  to  inflict  the  punishment  in  a  proper  and  humane  manner 


226     Trustees :  Corporal  Punishment     [Part  I 

than  it  would  have  been  to  enter  into  a  fight  with  the  pupil. 
A  Maine  decision  (27  Me  266)  was  quoted,  where  it  was 
decided  that  a  scholar  who  placed  himself  in  the  teacher's 
desk  and  refused  to  leave  it  might  be  removed  by  the  assist- 
ance of  other  pupils  whom  the  teacher  summoned.  The  jury 
brought  in  a  verdict  in  favor  of  the  teacher. — 5.  B.  vi.  82. 
On  July  21,  1865,  John  G.  Lewis,  principal  of  one  of  the 
public  schools  of  New  Haven,  Conn.,  was  brought  before  the 
city  court  for  assault  and  battery  on  Francis  M.  Hoban,  one 
of  his  pupils.  The  court  stated  the  case  and  decided  it  as 
follows : 

"On  the  21st  of  July  last,  and  during  the  regular  school 
hours,  Mr.  Lewis,  as  a  punishment  for  some  supposed  misde- 
meanor on  the  part  of  young  Hoban,  directed  him  to  take  his 
book  and  go  to  the  recitation  room.  The  order  was  reluctant- 
ly obeyed.  At  the  closing  of  the  school,  but  before  the  pupils 
had  retired,  he  came  out  of  the  room  without  permission,  and 
was  immediately  ordered  back  by  the  teacher.  The  order 
was  several  times  repeated  and  Hoban  repeatedly  refused  to 
obey.  Seizing  two  or  three  brushes,  which  were  lying  near  by, 
with  oaths  and  language  most  foul,  and  threats  of  violence  if 
the  teacher  approached  him,  he  dared  him  to  come  on,  and  all 
this  in  the  presence  of  a  large  number  of  the  scholars.  Hoban 
is  a  boy  14  years  of  age,  of  fair  size  for  his  years,  and,  as  it 
would  seem,  posessed  of  more  than  ordinary  strength.  It  is 
clear,  under  all  the  circumstances,  there  was  but  one  course 
for  the  teacher  to  pursue.  He  must  vindicate  his  authority. 
It  was  necessary  for  the  good  of  the  school,  as  well  as  of  the 
boy  himself,  that  he  should  learn  obedience  and  submission 
to  that  authority.  For  the  milder  offence,  a  milder  punish- 
ment had  been  inflicted  by  sending  him  to  the  recitation- 
room  to  study  by  himself.  For  the  more  serious  offences, 
the  insults  to  the  teacher,  the  refusal  to  obey  a  proper  com- 
mand, the  vulgar  and  profane  language,  the  threats  to  kill 
the  teacher  if  he  should  attempt  to  whip  him,  it  was  manifestly 
fitting  and  proper  that  he  should  receive  a  severe  punishment. 
Mr.  Lewis  now  approached  the  boy,  who  endeavored  to  strike 
him  with  the  brushes.  A  struggle  ensued,  in  which  the 


District]  Violence;  Instrument  227 

teacher,  notwithstanding  the  violent  resistance  of  the  pupil, 
succeeded  in  pushing  him  into  the  recitation-room;  but  I  do 
not  find  that  he  used  more  force  than  was  necessary  to  accom- 
plish this  object.  I  do  not  find  that  the  whipping  was  either 
cruel  or  excessive,  and  though  severe,  taking  into  consider- 
ation all  the  circumstances  under  which  it  was  inflicted,  it  was 
not  in  my  judgment  unreasonable,  but  entirely  justifiable. 
The  accused  is  therefore  discharged." — Am.  Ed.  Mo.  ii.  372. 

In  England  it  has  been  held  that  where  a  schoolmaster 
wrote  to  a  parent  and  obtained  the  parent's  consent  to  beat 
the  pupil  severely  to  subdue  his  alleged  obstinancy,  and  the 
teacher  beat  the  boy  for  two  hours  and  a  half  secretly  in  the 
night,  and  with  a  thick  stick,  until  the  pupil  died  from  the 
effects  of  the  beating,  such  teacher  was  guilty  of  manslaughter 
only,  no  malice  having  been  proved.  (2  F  &  F  202) 

3.  No  unreasonable  violence  must  be  employed 

A  school  teacher  is  liable  criminally  if,  in  inflicting  punish- 
ment upon  his  pupil,  except  necessarily  in  self-defence  where 
the  pupil  attacks  him,  he  goes  beyond  the  limit  of  reasonable 
castigation,  and  either  in  mode  or  degree  of  correction,  is 
guilty  of  unreasonable  or  disproportionate  violence. 

Whether  the  punishment  was  excessive  under  the 
circumstances,  is  a  question  for  the  jury. 

(2  P  &  F  202,  3  Head  455  4  Gray  36,  4  Ind  290.  5  Jones  98,  27  Me  281, 
43  S  W  1018) 

4.  The  instrument  must  be  suitable. 

There  also  can  be  no  doubt  that  if  a  master  were  deliberate- 
ly to  strike  a  pupil  with  some  weapon  dangerous  in  itself, 
and  likely  (considering  the  pupil's  age  and  strength)  to  kill 
or  maim,  and  death  were  to  follow  as  a  consequence  of  such 
improper  correction,  the  master  would  be  guilty  of  murder. — 
Russell  on  Crimes,  5th  ed.,  i.  773;  Archibald's  Crim.  Prac., 
i.  218;  Bishop's  Crim.  Law,  7th  ed.,  sees  881,  2.  (2  Dev  & 
Bat  365) 


228     Trustees :  Corporal  Punishment     [Part  I 

A  teacher  who  threw  a  pencil  at  a  pupil  to  attract  his 
attention  is  held  to  be  liable  for  the  destruction  thereby  of  the 
sight  of  the  pupil,  if  he  did  not  act  with  ordinary  care,  and  the 
injury  was  tha  natural  and  probable  result  of  his  negligence. 
(65  L  R  A  890) 

5.  The  part  of  the  person  to  which  it  is  applied  must 
be  such  that  no  danger  will  result. 

In  England  a  master  gave  a  boy  four  strokes  on  the  hand 
with  a  cane,  and  Judge  Mathew  acquitted  the  master,  ruling: 

"When  parliament  lays  down  a  chart  showing  the  partic- 
ular regions  of  the  body  to  which  corporal  punishment  in 
schools  is  to  be  confined,  the  court  will  take  care  that  these 
limits  are  not  overstepped;  at  present  there  is  no  such  chart." 
(53  J  P  743,  6  T  L  R  23) 

Feruling  upon  the  palms  of  the  hands,  and  whipping 
upon  the  legs  and  especially  upon  the  fleshy  part  "of 
the  thighs,  are  the  safest.  In  case  the  pupil  attacks 
the  teacher,  however,  the  teacher  will  be  sustained  in 
defending  himself  by  any  blows  that  may  be  necessary. 

Boxing  the  ears  is  among  the  most  unpardonable 
of  punishments,  as  it  may  produce  deafness. 

6.  Punishment  must  not  be  administered  by  the 
teacher  in  malice,  and  for  the  purpose  of  gratifying  a 
malicious  feeling,  but  only  in  a  proper  spirit,  with  the 
sole  object  of  maintaining  his  authority  and  preserv- 
ing the  order  and  decorum  of  his  school. — Reeve's 
Dom.  ReL,  4th  ed.,  p.  357. 

Hence  many  schools  have  a  regulation  that  corporal 
punishment  shall  be  inflicted  only  after  delay  which  will  give 
the  teacher's  temper  time  to  subside. 

In  Ariz,  any  teacher  before  inflicting  corporal  punishment 
upon  a  pupil  must  first  notify  the  parent  or  guardian  and  one 
member  of  the  board  of  trustees  of  his  or  her  intention  at 
least  one  day  before  such  punishment  is  to  be  inflicted,  stating 


District]  Illustrative  Cases  229 

the  day  and  hour  at  which  the  punishment  will  be  inflicted, 
and  extending  an  invitation  to  such  parent  and  one  trustee 
to  be  present. 

The  Arizona  statute  also  provides  that  the  punishment 
must  not  be  inflicted  in  the  presence  of  the  school. 

It  must  be  kept  in  mind  that  all  such  specifications  assume 
that  the  teacher's  authority  is  undisputed.  Where  that  is 
attacked  and  he  must  defend  himself  and  it,  rules  like  this 
no  longer  apply. 

7.  The  punishment  should  bear  proportion  to  the 
gravity  of  the  fault,  and  be  graduated  according  to 
the  age,  strength,  and  mental  condition  of  the  pupil. 

A  beating  which  would  be  a  trifling  punishment  to  a 
strong  lad  of  14  years,  might  be  an  act  of  extreme  cruelty  to 
a  child  of  5;  and  a  punishment  inflicted  for  failing  to  learn  a 
lesson,  which  might  be  just  and  reasonable  in  the  case  of  a 
child  of  ordinary  intelligence,  might  be  little  short  of  barbar- 
ous in  the  case  of  one  of  low  mental  development. 

(88  Ala  169,  11  Cox  400,  53  Conn  481,  2  Dev  &  Bat  365,  2  F  %  F  202, 
5  Pa  I<  J  R  78) 

No  line  can  be  drawn  between  the  use  of  the  rod 
and  its  abuse;  but  the  following  cases  will  illustrate 
actual  decisions. 

In  North  Carolina  Rachel  Pendergast  kept  a  school  for 
small  children,  and  punished  one  of  them  with  a  rod  to  such 
an  extent  as  to  leave  marks,  all  of  which  were  likely  to  pass 
away  in  a  short  time  amd  leave  no  permanent  injury.  The 
judge  instructed  the  jury  that  if  they  believed  that  the  child 
(six  or  seven  years  of  age)  had  been  whipped  by  the  defendant 
at  that  tender  age,  with  either  a  switch  or  other  instrument, 
so  as  to  produce  the  marks  described  to  them,  the  defendant 
was  guilty.  The  jury  under  this  charge  returned  a  verdict 
of  guilty,  and  the  case  was  afterwards  argued  in  the  higher 
courts.  Here  Judge  Easton  held  teachers  exceed  the  limits 
of  their  authority  when  they  cause  lasting  mischief,  but  act 
within  the  limits  of  it  when  they  inflict  temporary  pain.  In 


230     Trustees :  Corporal  Punishment     [Part  I 

this  case  the  marks  were  temporary,  and  in  a  short  time 
disappeared.  No  permanent  injury  was  done  to  the  child. 
The  only  appearance  that  could  warrant  the  belief  or  sus- 
picion that  the  correction  threatened  permanent  injury  were 
the  bruises  on  the  neck  and  arms;  and  these,  to  say  the  least, 
were  too  equivocal  to  justify  the  court  in  assuming  that  they 
did  threaten  such  mischief.  "We think,  also,  that  the  jury 
should  have  been  further  instructed  that,  however  severe  the 
pain  inflicted,  and  however,  in  their  judgment,  it  might 
seem  disproportionate  to  the  alleged  negligence  or  offence  of 
so  young  and  tender  a  child,  yet  if  it  did  not  tend  to  produce 
or  threaten  lasting  mischief,  it  was  their  duty  to  acquit  the 
defendant;  unless  the  facts  testified  induced  a  conviction  in 
their  minds  that  the  defendant  did  not  act  honestly  in  the 
performance  of  duty,  according  to  his  sense  of  right,  but 
under  the  pretence  of  duty  was  gratifying  malice.  (31  Am. 
Dec.  416) 

In  Fairfield,  111.,  a  boy  over  14  failed  to  learn  his  grammar 
lesson.  The  teacher  ordered  him  to  take  off  his  coat  to  be 
whipped,  or  to  be  expelled.  The  boy  refused  and  was  expelled. 
A  controversy  arose  as  to  the  demand  made  for  the  boy  to 
pull  off  his  coat.  The  superintendent's  decision  was  as 
follows:  "The  law  will  not  sustain  the  teacher  in  so  barbar- 
ous an  act  as  compelling  a  pupil  to  take  off  his  coat  and  be 
whipped  for  failing  to  learn  a  lesson.  Such  an  act  would 
subject  the  teacher  to  prosecution,  and  I  do  not  believe  there 
is  a  court  in  the  state  that  would  not  impose  a  fine  upon  him. 
*  *  *  In  my  opinion,  any  teacher  that  cannot  create  an 
interest  in  his  pupils  on  the  side  of  good  order  and  good 
lessons  without  resorting  to  such  means,  is  not  fit  for  the 
school-room,  and  the  sooner  a  district  dispenses  with  his 
services  the  better." — Ed.  Weekly,  Nov.  15,  1877. 

Four  cases  in  New  York  will  illustrate  what  has  been 
held  reasonable  here. 

The  facts  appear  to  be  that  the  pupil  flatly  refused  to  obey 
the  teacher  by  not  taking  the  seat  he  was  directed  to  take. 
The  teacher  came  towards  the  boy,  intending  to  compel  him 


District]      Illustrative  Cases,  New  York     231 

by  force  to  take  the  seat  assigned  to  him.  The  boy,  with  an 
oath,  bade  the  teacher  not  to  come  near  him,  and,  as  the 
teacher  approached,  the  boy  struck  at  him  several  times. 
The  teacher  caught  the  boy,  and  with  force  put  him  in  his 
seat,  the  boy  meantime  kicking,  striking,  yelling,  and  swear- 
ing. To  stop  this  outrageous  and  unseemly  noise,  the  teacher 
took  the  most  effectual  measure  at  his  command;  he  inter- 
cepted the  passage  of  air  between  the  lungs  and  the  vocal 
organs  long  enough  to  suppress  the  disturbance,  but  not  long 
enough  to  injure  the  boy.  But  the  boy  was  not  subdued  by 
any  such  gentle  restraint,  for  no  sooner  was  he  left  alone  than 
he  ran  out  of  doors.  The  teacher  pursued  and  caught  him 
and  brought  him  back  to  the  school-room,  not,  it  appears, 
without  some  considerable  force,  for  the  boy  was  struggling 
with  all  his  strength;  and  it  would  really  not  be  strange  if  in 
the  struggle  he  received  some  severe  blows.  And  for  this 
the  superintendent  is  asked  to  annul  the  certificate  of  the 
teacher.  I  decline  to  do  anything  of  the  kind.  The  teacher, 
in  the  matter  of  the  boy,  did  no  more  than  he  was  compelled 
to  do ;  he  might  have  done  much  more,  and  still  be  acquitted 
of  inflicting  cruel  and  unusual  punishment.  It  was  not 
cruel,  and  if  it  was  unusual,  it  was  only  so  because  the  con- 
duct of  the  boy  was  unusual. — Sup't  Rice,  March  24,  1862. 

A  teacher,  for  an  act  of  disobedience,  ordered  a  boy  15 
years  of  age,  to  hold  out  a  book  of  the  ordinary  size  used  in 
school,  at  arm's  lenght,  level  with  his  shoulder.  The  boy 
after  holding  it  in  that  position  from  5  to  8  minutes,  let  it  fall 
and  said  he  could  not  hold  it  any  longer.  On  being  ordered  to 
hold  it  out  again,  he  peremptorily  refused.  The  teacher  then 
with  a  curled  maple  rule,  over  20  inches  long,  If  wide,  and 
half  an  inch  thick,  struck  him  from  15  to  20  blows  on  his  back 
and  thighs,  and  in  so  severe  a  manner  as  to  disable  him  from 
leaving  the  school  without  assistance.  A  physician  was 
called,  and  found  his  back  and  limbs  badly  bruised  and  swollen. 
The  teacher  on  the  succeeding  day  sent  him  to  a  physician, 
who  pronounced  him  "very  badly  bruised".  It  was  ten  or 
twelve  days  before  he  so  far  recovered  as  to  be  able  to  attend 
school.  The  superintendent  expresses  his  unqualified  dis 


232     Trustees :  Corporal  Punishment     [Part  I 

approbation  of  a  punishment  so  severe  and  unreasonable.  If 
the  disobedience  of  the  boy  had  been  the  result  of  sheer 
obstinacy  and  wilfulness,  it  could  not  justify  the  infliction  of 
15  or  20  blows  with  such  a  bludgeon  upon  the  back  and  thigh 
of  a  boy,  disabling  him  for  a  fortnight.  Such  a  measure  of 
punishment  for  such  an  offence  would  be  sufficient  ground 
for  annulling  a  certificate. — Sup't  Young,  March  29,  1843. 

The  only  pupils  in  said  school  who  complained  that  they 
were  punished  by  the  respondent  in  a  cruel,  unreasonable, 
excessive,  and  improper  manner  are  Jessie  Morgan,  Anson 
Tobias,  Richard  D.  Fish  and  Ernest  L.  Smith,  each  of  whom 
has  made  an  affidavit  relative  to  the  punishment  received  by 
him  respectively.  It  appears  from  the  proof  that  the  respon- 
dent punished  the  pupil,  Morgan,  three  times,  twice  with  a 
ruler  and  once  with  a  small  piece  of  pine  siding,  by  three  or 
four  blows  upon  his  person.  Morgan  states  in  his  affidavit 
that  at  one  of  these  punishments  he  fainted ;  but  that  is  denied 
by  the  respondent,  and  it  appears  in  proof  that  Morgan 
admitted  to  divers  persons  that  he  did  not  faint  upon  such 
occasion.  It  appears  that  Morgan  was  punished  for  running 
away  from  school,  for  getting  angry  and  refusing  to  be  shown 
in  relation  to  a  lesson,  and  refusing  to  obey  his  teacher  and  for 
conspiring  with  two  or  three  of  the  large  boys  in  the  school  to 
resist  the  respondent  in  the  performance  of  his  duties.  That 
the  pupil,  Tobias,  was  punished  for  making  an  obscene  mark 
and  picture  upon  his  desk.  Tobias  denied  having  made  it, 
although  one  Ackerman  saw  him  make  it;  but  Tobias  subse- 
quently admitted  that  he  made  it.  The  punishment  was 
administered  by  means  of  a  rubber  tubing  about  f  of  an  inch 
in  diameter,  applied  upon  his  person.  That  the  pupil,  Smith, 
by  means  of  a  rubber  syringe,  threw  water  upon  other  pupils 
in  the  school  during  school  hours;  that  he  was  kept  after 
school  hours  and  respondent  gave  him  the  choice  of  being 
punished  or  having  his  offence  reported  to  the  board  of  educa- 
tion, and  that  Smith  replied  he  preferred  to  be  punished,  and 
thereupon  the  respondent  punished  him  with  a  ruler  applied 
to  the  person  of  said  Smith.  That  the  pupil,  Fish,  who  is 
a  son  of  the  petitioner  herein,  was  punished  several  times; 


District]     Illustrative  Cases,  New  York       233 

once,  on  being  kept  after  school  hours  for  disorderly  conduct 
in  school,  while  the  respondent  was  talking  with  him  he 
became  angry  and  struck  the  respondent  with  his  fist,  and 
the  respondent  slapped  him  upon  his  face  with  his  hand  and 
whipped  him  with  a  ruler ;  on  one  occasion,  on  said  Fish  being 
kept  after  school  hours  and  refusing  to  get  his  lessons  and 
talking  in  an  impudent  and  saucy  manner  to  the  respondent, 
he  was  struck  two  or  three  times  by  the  respondent  with  a 
ruler ;  and  the  last  punishment  received  by  Fish  from  respond- 
ent was  on  February  8,  1894,  when  he  told  an  untruth  to  the 
respondent,  was  disobedient,  became  angry  with,  and  saucy 
and  impudent  to  the  respondent,  and  caused  the  other  pupils 
in  the  school  to  laugh  by  making  faces  behind  the  back  of 
the  respondent.  The  nature  and  extent  of  the  punishment 
received  by  said  Fish  is  set  out  in  a  number  of  affidavits  by 
pupils  present,  and  by  both  Fish  and  the  respondent.  Upon 
all  the  proofs  presented  as  to  the  character  of  the  punishment 
administered  to  the  pupils,  Morgan,  Tobias,  Smith,  and  Fish, 
by  the  respondent,  I  am  of  the  opinion  that  such  punishment 
was  not  cruel,  unreasonable,  or  excessive.  It  is  not  shown 
that  any  of  said  pupils  sustained  any  serious  injury  thereby; 
but  it  does  appear  that  the  pupil,  Fish,  was  a  disturbing 
element  in  the  school.  (D  4252) 

In  Nov.,  1894,  Miss  Canfield,  a  teacher  in  the  school  at 
Marcellus,  missed  two  cents  from  her  desk,  and  believed  a 
pupil  named  Charles  E.  George  stole  it.  She  testified  that 
the  boy  had  a  new  lead  pencil,  and  told  four  conflicting  stories 
as  to  how  he  got  it.  She  reported  him  to  Principal  M.  I.  Hunt, 
who  testified  the  boy  also  told  him  such  conflicting  stories 
that  he  finally  took  the  boy  down  into  the  basement  and 
spanked  him  with  a  piece  of  pine  wood  15  to  18  inches  long, 
1  y%  inches  wide,  and  a  quarter  -inch  thick — in  other  words  a 
piece  of  lath.  The  boy  then  said  he  took  the  money  and  told 
where  he  bought  the  pencil.  Suit  was  brought  in  the  supreme 
court  and  the  case  was  tried  in  1895.  Miss  Canfield  testified 
that  the  boy  came  back  into  the  room  with  eyes  moist,  but 
not  crying,  and  at  the  close  of  the  school  jumped  down  four 
stairs  and  started 'on  a  run  down  the  street.  Dr.  Totman 


234      Trustees :  Corporal  Punishment  [Part  I 

testified  that  the  boy  had  sustained  no  serious  injury,  and  a 
verdict  for  the  defendant  seemed  to  be  inevitable.  Yet  the 
jury  brought  in  a  verdict  for  $100  against  Mr.  Hunt. — 5.  B. 
xxi.  54. 

A  comparison  of  the  last  two  cases,  decided  the 
same  year,  will  suggest  how  much  safer  it  is  for  a 
teacher  to  trust  such  a  case  to  the  commissioner  of 
education  than  to  the  courts  (see  page  145) ,  and  how 
great  danger  he  encounters  before  a  jury  if  he  inflicts 
corporal  punishment  at  all. 

Yet  the  jury  usually  acquits  the  teacher  if  his  case  is  prop- 
erly presented.  A  comparison  of  the  cases  in  which  judg- 
ment against  the  teacher  has  been  rendered  suggests  that 
often  the  teacher  has  hired  some  obscure  lawyer  because  he 
was  cheap.  There  is  no  safer  advice  than  this :  ( 1)  keep  out 
of  the  courts  if  you  can ;  (2)  if  you  must  have  a  law  suit  get 
the  best  lawyer  to  be  had,  no  matter  what  he  charges. 

A  change  in  sentiment  is  manifest  in  recent  decis- 
ions. The  teacher  will  not  find  it  safe  to  rely  upon 
modern  confirmation  by  the  courts  of  many  decis- 
ions once  rendered  and  long  considered  good  author- 
ity. The  old  common  law  as  to  the  extent  of  cor- 
poral punishment  was  as  follows : 

The  law  confides  to  school  teachers  a  discretionary  power 
in  the  infliction  of  punishment  upon  their  pupils,  and  will  not 
hold  them  responsible  criminally,  unless  the  punishment  be 
such  as  to  occasion  permanent  injury  to  the  child,  or  be 
inflicted  merely  to  gratify  their  own  evil  passions. — Wharton's 
Criminal  Law,  5th  ed.  i.  453. 

But  this  remark  is  also  found  in  Cooley's  Black- 
stone,  2d  ed.,  i.  453: 

It  may  be  proper  to  observe,  however,  that  public  senti- 


District]          Modern  Tendency  235 

ment  does  not  now  tolerate  such  corporal  punishment  of 
pupils  in  schools  as  was  formerly  thought  permissible  and 
even  necessary. 

See  also  Russell  on  Crimes,  5th  ed.,  i.  773. 

When  such  punishment  is  proved  to  have  been  excessive 
and  cruel,  it  is  illegal.  (3  Head  455,  4  Ind  290,  19  Vt  102, 
32  Vt  114) 

Every  year  this  tendency  is  becoming  more  and 
more  marked,  and  the  teacher  who  cannot  govern 
without  severe  corporal  punishment  will  do  well  to 
retire  from  teaching  before  he  is  forced  out.  Thus 
Commissioner  Draper  of  New  York  ruled  : 

It  is  shown  that  he  has  beaten  several  pupils  on  different 
occasions  with  a  stick  three  or  four  feet  long,  until  he  has 
drawn  blood  upon  and  disfigured  their  hands  and  heads, 
raised  ridges  upon  their  bodies,  and  produced  lameness 
which  continued  for  a  week  or  more.  *  *  * 

The  time  has  gone  by  when  such  indignities  may  be  inflicted 
upon  children,  or  such  scenes  as  this  testimony  depicts  may 
be  enacted  in  the  presence  of  a  public  school.  A  teacher  who 
has  not  character  and  self-possession,  and  who  has  not  yet 
learned  how  to  maintain  discipline  in  a  better  way,  is  no  longer 
wanted.  (D  3863) 

The  Mont,  school  law  says  that  any  teacher  who  shall  mal- 
treat or  abuse  any  pupil  by  administering  any  undue  or  severe 
punishment,  is  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  before  any  court  of  competent  jurisdiction 
may  be  fined  in  any  sum  not  exceeding  $100. 

In  Indiana  the  court  held:  "In  one  respect  the  tendency  of 
the  rod  is  so  evidently  evil  that  it  might  perhaps  be  arrested  on 
the  ground  of  public  policy.  The  practice  has  an  inherent 
proneness  to  abuse.  The  very  act  of  whipping  engenders 
passion,  and  very  generally  leads  to  excess.  Where  one  or 
two  stripes  only  were  at  first  intended,  several  usually  follow, 


236     Trustees :  Corporal  Punishment     [Part  I 

each  increasing  in  vigor  as  the  act  of  striking  influences  the 
passions.  Hence,  the  spirit  of  the  law  is,  and  the  leaning  of 
the  courts  should  be,  to  discountenance  a  practice  which  tend 
to  excite  human  passions  to  heated  and  excessive  action, 
ending  in  abuse  and  breaches  of  the  peace.  *  *  *  *  One 
thing  seems  obvious.  The  very  act  of  resorting  to  the  rod 
demonstrates  the  incapacity  of  the  teacher  for  one  of  the 
most  important  parts  of  his  vocation — namely,  school  gov- 
ernment. For  such  a  teacher  the  nurseries  of  the  republic 
are  not  the  proper  element.  They  are  above  him.  His  true 
position  will  readily  suggest  itself.  It  can  hardly  be  doubted 
that  public  opinion  will  in  time  strike  the  ferule  from  the 
hands  of  the  teacher,  leaving  him,  as  the  true  basis  of  gov- 
ernment, only  the  resources  of  his  intellect  and  heart.  *  *  * 
Why  the  person  of  the  school  boy,  with  his  shining  morning 
face,  should  be  less  sacred  than  that  of  the  apprentice  and 
sailor  is  not  easily  explained".  (4  Ind.  290) 

In  1899  Arizona  dropped  the  enactment  expressly  author- 
izing corporal  punishment.  Suspension  by  the  teacher, 
expulsion  by  the  board  of  trustees,  with  liability  of  parents 
for  damage  to  property,  are  the  extreme  measures  proposed 
in  the  edition  of  its  school  law  for  1897. 

For  a  general  statement  of  the  limit  of  the  teacher's 
power  and  duty  in  the  matter  of  discipline,  we  quote 
from  an  address  by  Prof.  James  S.  Pertle,  of  the  law 
department  of  the  University  of  Louisville: 

The  teacher  is  often  spoken  of  as  standing  to  the  pupil  in 
the  place  of  a  parent,  in  loco  parentis,  while  the  relation  contin- 
ues, and  it  is  said  that  the  teacher  has  therefore  the  same 
power  over  the  pupil  that  the  parent  has,  and  may  use  the 
same  means  of  enforcing  obedience  that  a  parent  may  under 
the  law.  *  *  *  Blackstone  and  Reeves  state  this  view  as  the 
proper  doctrine,  with  a  limitation  that  a  teacher  has  the 
power  of  restraint  and  corrections  to  such  an  extent  as  may  be 
necessary  to  answer  the  purpose  for  which  the  teacher  is 
employed. 

It  seems  evident  that  there  must  be  a  difference  between 


District]  Limit  of  Teacher's  Authority      237 

the  power  which  the  teacher  has  over  the  child  and  that  which 
the  parent  has.  The  teacher  has  the  welfare  of  his  pupil  in 
view,  and  is  actuated,  in  enforcing  discipline  in  his  school, 
only  by  the  highest  motives;  his  affection  for  his  pupils  is  a 
restraint  upon  his  passions,  and  his  humanity  is  an  additional 
safe-guard  against  undue  harshness  to  the  children  under  his 
charge.  Yet  the  teacher,  however  kind,  however  just,  how- 
ever self-controlled,  has  not  the  same  or  equal  motive  for 
consideration  for  the  pupil  that  a  judicious  and  kind  parent 
has.  *  *  *  That  which  will  be  excused  in  a  parent  would 
not  be  permitted  in  a  teacher.  All  parents  are  not  kind  and 
judicious,  and  yet,  unless  the  treatment  of  a  child  by  its 
parents  amounts  to  cruelty,  the  law  does  not  interfere.  So 
that  the  teacher  must  keep  himself  under  greater  restraint 
in  his  management  of  his  pupil  than  the  parent  of  the  same 
pupil  is  required  to  preserve.  The  supreme  court  of  Vermont 
stated  the  law,  on  the  occasion  of  a  controversy  between  a 
teacher  and  a  pupil  growing  out  of  a  punishment  inflicted 
upon  the  latter  by  the  former,  in  these  words:  "The  parent 
unquestionably  is  answerable  only  for  malice  or  wicked 
motives  or  an  evil  heart  in  punishing  his  child.  This  great, 
and,  to  some  extent,  irresponsible  power  of  control  and 
correction  is  invested  in  the  parent  by  nature  and  necessity. 
It  springs-  from  the  natural  relation  of  parent  and  child.  It 
is  felt  rather  as  a  duty  than  a  power.  *  *  *  This  power  is 
little  liable  to  abuse,  for  it  is  continually  restrained  by  natural 
affection,  the  tenderness  which  a  parent  feels  for  his  offspring 
an  affection  ever  on  the  alert  and  acting  rather  by  instinct 
than  by  reasoning.  The  school-master  has  no  such  natural 
restraint.  Hence  he  may  not  be  trusted  with  all  a  parent's 
authority,  for  he  does  not  act  from  the  instinct  of  parental 
affection.  He  should  be  guided  and  restrained  by  judgment 
and  wise  discretion,  and  hence  is  responsible  for  their  reason- 
able exercise." 

Punishment  must  be  inflicted  only  on  school 
premises,  even  where  permitted  for  offences  out  of 
school. 


238     Trustees :  Corporal  Punishment    [Part  I 

Expulsion  is  the  alternative  resort.  If  the  teacher 
cannot  punish,  he  still  has  the  final  resort  of  suspen- 
sion or  expulsion.  (27  Vermont  755) 

On  Oct.  12,  1887,  while  John  H.  Clark,  superintendent  of 
schools  in  Flushing,  was  speaking  to  the  pupils  in  one  of  the 
rooms  on  a  matter  of  discipline,  Anthony  Brown,  17  years  old, 
rose  and  looked  round  at  the  other  pupils  in  a  contemptuous 
manner.  Mr.  Clark  took  hold  of  him,  and  a  trial  of  strength 
ensued,  so  severe  that  the  janitor  had  to  interfere  in  behalf  of 
the  teacher.  The  boy  apologized  before  the  school  and  prom- 
ised better  behavior.  The  next  day  his  class  teacher  reported 
that  he  was  continuously  troublesome,  and  sent  him  to  the 
principal.  Mr.  Clark  remonstrated  with  the  pupil,  who  grew 
insolent  and  abusive  and  dared  the  superintendent  to 
put  him  out  of  the  school.  Mr.  Clark  suspended  him  and 
directed  him  to  leave  the  building.  The  next  morning  the 
boy  appeared  again,  and  was  a  leader  in  scattering  paper  caps 
upon  the  floor,  and  exploding  them.  Thereupon  the  boy  was 
removed  from  school,  and  the  action  was  sustained  by  the 
board  of  education.  Held  that  the  public  had  no  right  to 
call  upon  teachers  to  test  their  physical  powers  with  those  of 
young  men  already  grown  to  man's  estate  (D  3689). 

This  case  was  also  tried  in  court,  and  a  similar  decision 
was  rendered  by  Judge  Brown. 

The  teacher  may  not  punish  a  pupil  for  refusing  to  do  what 
the  parent  has  requested  he  be  excused  from  doing,  even  when 
such  refusal  justifies  the  board  in  suspending  or  expelling.  (69 
Ind  95,  79  Ind  75,  50  la  152) 

In  England  the  most  serious  punishment  which  can  be 
inflicted  by  a  master  is  expulsion  from  the  school.  It  is 
necessary  for  the  master  to  have  such  a  power  as  a  last  re- 
source in  the  case  of  incorrigible  misconduct,  and  also  for  the 
protection  of  his  other  charges  from  the  evil  influence  of  an 
unusually  vicious  pupil.  Expulsion  however  cannot  be  inflict- 
ed by  the  master  of  a  board  (public)  school;  for  the  attendance  of 
a  child  at  such  a  school  is  compulsory  by  law,  and,  unless  the 
child  be  guilty  of  an  offence  justifying  his  being  sent  to  a 


District]         Preferable  to  Expulsion         239 

reformatory  or  industrial  school,  his  expulsion  from  a  board 
school  would  imply,  most  probably,  the  entire  cessation  of 
his  education.  Also  when  parents  are  compelled  to  send 
their  children  to  school  under  the  provisions  of  the  Elementary 
Education  Acts,  they  are  only  excused  from  sending  them  to 
a  board  school  for  certain  reasons,  none  of  which  is  that  the 
child  has  been  expelled;  therefore,  if  a  child  could  be  ex- 
pelled, we  should  have  the  father  in  the  awkward  position 
of  being  liable  to  a  penalty  for  not  causing  his  child  to  attend 
a  school,  to  which  the  master  of  that  school  refused  to  admit 
the  child.  —  Disney's  Law  relating  to  Schoolmasters,  pages 
89, '90. 

How,  then,  is  expulsion  to  be  reconciled  with  the 
principle  of  compulsory  education  (see  page  185)  ? 
Here  we  have  the  law  with  one  hand  compelling 
children  against  their  will  to  enter  the  school,  and 
with  the  other  making  exclusion  the  penalty ^for 
misbehavior. 

Governor  Dix  believed  that  corporal  punishment 
was  preferable  to  expulsion.  He  said  : 

A  teacher  ought  not,  I  thkik,  to  dismiss  a  scholar  from 
school.  From  the  nature  of  the  common  school  system, 
teachers  are,  as  a  general  rule,  bound  to  receive  and  instruct 
all  children  sent  to  them.  If  a  scholar  is  so  refractory  that 
he  cannot  be  managed,  and  his  dismission  becomes  necessary 
to  the  preservation  of  order,  I  think  the  teacher  should  lay 
the  matter  before  the  trustees  for  their  direction;  but  not 
until  the  ordinary  means  of  correction  had  been  fully  tried 
and  found  unavailing. — Decisions,  page  145. 

This  is  unquestionably  sound  doctrine.  While 
corporal  punishment  should  be  seldom  necessary,  the 
pupils  should  not  know  that  the  power  to  inflict  it 
is  taken  from  the  teacher.  Impertinence,  for  in- 
stance, always  the  utterance  of  a  weak  and  cowardly 


240     Trustees :  Corporal  Punishment     [Part  I 

nature,  can  be  easily  checked  only  by  the  certainty 
of  immediate  and  physically  painful  punishment. 
Deprivation  of  recess  or  extra  tasks  often  develop  it 
into  confirmed  insolence,  and  expulsion  follows.  The 
boy  whom  one  tingling  blow  of  the  ferule  might  have 
saved,  grows  up  in  lowbred  ignorance.  Instances 
like  this  we  have  known  ;  and  we  do  not  believe  that 
boards  of  education  should  take  away  this  right  of 
the  teacher,  or  that  teachers  themselves  should  os- 
tentatiously renounce  it.  If  the  teacher  has  deter- 
mined to  maintain  good  order  without  the  use  of  the 
rod,  it  does  him  honor,  and  we  wish  him  success.  But 
let  him  keep  his  resolution  to  himself.  There  are 
pupils  who  fear  only  what  hurts  them  ;  and  they 
may  bring  about  a  crisis  when  only  the  rod,  and  that 
vigorously  applied,  will  maintain  order  in  the  school- 
room. 

But  we  have  shown  that  modern  sentiment  is 
growing  so  strongly  against  corporal  punishment  that 
it  is  a  dangerous  power  to  exercise,  even  where  it  is 
permitted.  Besides,  it  is  asking  a  good  deal  of  young 
teachers,  especially  of  young  women,  to  control  un- 
ruly boys  by  physical  force.  Evidently  as  a  last  re- 
sort some  new  punishment  must  be  substituted  for 
persistent  bad  conduct  in  school. 

The  truant  school  is  the  solution  of  the  difficulty. 
Every  system  of  schools  should  have  such  a  school, 
not  penal  but  reformatory,  to  which  refractory  pu- 
pils may  be  sent.  Without  such  schools  no  com- 
pulsory law  can  be  effective.  See  page  194. 

(10  Am  Law  Reg  N  S  366,  55  111  280.  19  Ohio  184,  40  Wis  328) 


>. 


District]         The  Truant  School 


241 


Fortunately  the  New  York  law  makes  the  neces- 
sary provision  in  providing  for  truant  schools.  (537.) 

These  are  not  the  correctional  institutions  of  the 
kind  referred  to  in  the  English  quotation  as  "refor- 
matory or  industrial  school",  presence  in  which  is 
proof  of  crime.  On  the  contrary,  "no  person  con- 
victed of  crimes  or  misdemeanors,  other  than  truancy, 
shall  be  committed  thereto."  (537) 

When  properly  conducted  these  schools  are  a 
pleasure  as  well  as  a  blessing  to  their  pupils,  and  for 
certain  types  of  boys  and  girls,  coming  from  certain 
kinds  of  homes,  are  unquestionably  better  fitted  to 
their  needs  than  the  common  schools  can  be. 

Where  these  schools  are  available,  suspension  and 
expulsion  with  commitment  to  these  schools  may  be 
much  more  freely  resorted  to  than  when  the  result 
was  to  throw  the  child  upon  the  streets.  Under  this 
law  the  suspended  pupil  instead  of  being  relieved  from 
supervision  comes  under  closer  supervision. 


CHAPTER  XX 
Suspension  and  Expulsion 

The  right  to  attend  school  is  not  absolute,  but  is  con- 
ditional upon  compliance  with  the  rules  and  regu- 
lations. (  50  la  152,  48  Wis  473) 

The  Iowa  law  says  the  true  idea  is  to  bring  all  within 
the  salutary  influence  of  the  school,  and  to  drive  none 
out ;  but  cases  sometimes  occur  in  which  it  becomes  neces- 
sary for  the  board  to  protect  the  rights  of  the  many  by 
excluding  a  scholar  whose  presence  and  example  are  a 
constant  menace  to  the  successful  progress  of  the  school.^ 

The  authorities  are  generally  to  the  effect  that  when  a 
pupil  is  guilty  of  such  misconduct  as  to  interfere  with  the 
discipline  and  government  of  the  school  he  may  be  suspended 
or  expelled. 

(110  N  W  /3<,  citing  30  Am  Rep  706,  35  Am  Rep  163,  14  Barb  222 
41  Conn  442,  8  Cush  163,  95  111  263,  32  111  A  300,  105  Mass  475,  157  Mass 
561,  42  Mo  A  24  32  N  E  864,  27  Vt  755,  46  Vt  456,  45  Wis  150) 

Accordingly,  in  most  states,  there  is  vested  in  the 
teacher  the  right  to  suspend  pupils  for  bad  conduct. 

(14  Barb  221,  48  Cal  36,  3  Head  455,  23  la  531,  31  la  562.  5  Lea  525  • 
111  Mass  499,  133  Mass  103,  27  Me  266,  38  Me  376,  3  Tenn  Leg  R  19,  17 
Vt  480,  27  Vt  755,  32  Vt  224,  46  Vt  452,  48  Vt  473,  45  Wis  150) 

New  York  holds  that  the  power  to  suspend  rests 
only  in  the  trustees. 

"The  appellant  (teacher)  had  no  authority  to  establish 
rules  ....  nor  to  suspend  or  expel  a  single  pupil  without  the 
order  or  consent  of  the  respondent  (trustee)."  (D  4355) 

In  1881,  the  principal  of  the  Cattaraugus  union  school 
suspended  Homer  Crandall  for  two  weeks  under  a  by-law  of 
the  board  authorizing  the  principal  to  suspend  a  pupil  who  is 
guilty  of  flagrant  misconduct,  or  whose  example  is  positively 

(242) 


District]     Who  may  Suspend  Pupils  243 

injurious,  or  whose  reformation  after  repeated  admonitions 
appears  to  be  hopeless.  The  court  of  sessions  ruled  that  the 
board  could  not  delegate  to  a  teacher  the  power  of  suspension 
or  expulsion;  and  that  a  boy  could  not  be  expelled  without 
notice  to  appear  before  the  board,  with  opportunity  to  defend 
himself. — 5.  B.  vii.  116. 

Previous  decisions  had  held  that  the  teacher  might 
suspend  but  must  immediately  report  the  case  to  the 
trustees  for  review.  (D  1725,  3876) 

The  New  York  city  by-laws  read : 

3  Any  pupil  found  to  be  incorrigible  or  persistently  dis- 
obedient to  or  regardless  of  the  rules  and  regulations  prescrib- 
ed for  the  government  of  the  school  or  class,  or  who  has  been 
irregular  in  attendance  may  be  suspended  by  the  principal, 
with  the  approval  of  the  district  superintendent.     Before 
suspending  a  pupil  for  such  cause,  the  principal  shall  give 
notice  of  his  intention  to  the  parent  or  guardian  of  such  pupil 
and  he  shall  notify  the  district  superintendent. 

4  Any  pupil  who  resists  the  authority  of  the  principal  or 
class  teacher  or  who  by  reckless  depravity  may  injure  or 
demoralize  the  school  or  class,  may  be  immediately  suspended 
by  the  principal,  who  shall  forthwith  notify  the  parent  or 
guardian  of  such  pupil  and  the  district  superintendent. 

5  The    district    superintendent,    within    five    days    after 
receiving  a  report  from  a  principal  concerning  the  suspension 
of  a  pupil,  shall  give  reasonable  notice  of  a  hearing  to  such 
child,  and  to  the  persons  in  parental  relation  to  such  child, 
and  an  opportunity  for  them  to  be  heard.     After  a  hearing, 
the  district  superintendent  shall  report  his  findings  in  the  case 
to  the  city  superintendent,  who  may  authorize  the  expulsion 
of  such  pupil  and  order  his  commitment  to  a  truant  school, 
in  accordance  with  the  provisions  of  the  compulsory  educa- 
tion law,  or  his  transfer  to  another  school  or  his  reinstate- 
ment. 

In  most  states  teachers  may  suspend,    but  must  at  once 


244  Trustees:  Suspension  [Part  I 

report  the  case  to  the  trustees  for  review.     This  is  true  of 
Ariz.,  Id.,  la.,  Mont.,  N.  D.,  Ohio,  Ore.,  Va. 

If  the  trustees  do  not  sustain  the  suspension,  Ariz.,  Id.,  and 
N.  J.  permit  an  appeal  to  the  county  superintendent,  whose 
action  is  final.  La.  requires  the  case  to  be  reported  to  the 
parish  superintendent,  whose  decision  is  final. 

Id.  and  Ky.  likewise  require  the  teacher  to  report  to  the 
trustees  without  first  taking  action. 

The  teacher  when  occasion  demands  may  suspend  or  expel 
a  pupil;  the  trustees  upon  such  inquiry  as  their  judgment 
may  suggest  and  approve,  may,  without  notice  to  the  pupil 
or  to  the  parents,  suspend  or  expel  a  pupil  who  is  guilty  of 
gross  misdemeanor  and  presistent  disobedience;  and  the 
welfare  of  our  common  school  system  demands  that  they  be 
invested  with  this  authority.  (110  N  W  737) 

Judge  Vincent  ruled  that,  though  the  authority  to  suspend 
or  expel  pupils  from  school  is  vested  in  the  board  of  directors, 
the  teacher  has  the  right  to  exclude  a  refractory  pupil  tempor- 
arily from  school.  He  said:  "We  have  long  held  the  opinion 
that  the  right  to  exclude  a  pupil  temporarily  from  school  was, 
in  the  absence  of  law  to  the  contrary,  inherent  in  the  teacher's 
office,  and  that  the  exercise  of  this  right  under  some  circum- 
stances is  a  necessity." — Nat.  Teacher,  July,  1874. 

This  view  is  generally  held,  as  in  la.,  Neb.,  R.I.,  Tenn., 
W.  Va.,  etc. 

If  the  offender  is  incorrigible,  suspension  or  expulsion  is 
the  only  adequate  remedy.  In  general,  no  doubt,  the  teacher 
should  report  a  case  of  the  kind  to  the  proper  board  for  its 
action  in  the  first  instance,  if  no  delay  will  necessarily  result 
from  that  course  prejudicial  to  the  best  interests  of  the  school. 
But  the  conduct  of  the  recusant  pupil  may  be  such  that  his 
presence  in  the  school  for  a  day  or  an  hour  may  be  disastrous 
to  the  discipline  of  the  school,  and  even  to  the  morals  of  the 
other  pupils.  In  such  a  case  it  seems  absolutely  essential  to 
the  welfare  of  the  school  that  the  teacher  should  have  the 
power  to  suspend  the  offender  at  once  from  the  privileges  of 
the  school ;  and  he  must  necessarily  decide  for  himself  whether 
the  case  requires  that  remedy.  (45  Wis  150) 


District]        Only  Trustees  may  Expel        245 

The  teacher  who  suspends  or  expels  a  pupil  is  not  liable  on 
an  implied  contract  to  teach.  There  is  no  implied  contract 
between  teacher  and  pupil  in  our  schools  that  the  former 
shall  teach  the  latter.  The  only  contract  of  the  teacher  is 
with  the  board  of  directors  employing  him  and  he  is  account- 
able to  the  board  alone  for  his  acts  as  teacher.  (2  111  App.  458) 

The  teacher  can  not  expel.  Should  he  assume  to 
do  so  he  would  be  liable  for  damages. — Cooley  on 
Torts,  288. 

A  Vt.  decision  held  that  the  teacher  might  expel,  and  that 
if  he  erred  in  good  faith  in  the  discharge  of  his  duty  he  was 
not  liable  to  action  (32  Vt  224).  But  in  Mass.,  when  the 
teacher  suspended  a  pupil  for  refusing  to  take  a  whipping, 
and  the  trustees  had  not  acted  upon  the  case,  the  parent 
could  not  maintain  a  suit  for  damages  for  expulsion  without 
first  applying  to  the  trustees  to  see  if  they  sustained  the 
teacher,  as  the  child  had  not  been  expelled.  (133  Mass  103) 

In  some  states  power  is  given  to  the  teacher  by  statute  to 
suspend  for  a  limited  time.  N.  C  makes  the  limit  for  the 
current  term;  N.  D.  makes  the  limit  5  days.  Fla.  directs 
teachers  to  suspend  pupils  for  10  days  for  gross  immorality, 
misconduct,  or  persistent  violations.  la.  says  the  teacher 
may  suspend  and  fix  the  time,  notice  being  given  to  the  board. 

The  trustees  may  expel  whenever  the  harm  the 
gupil  does  to  the  school  more  than  counterbalances 
the  good  he  might  be  expected  to  get  from  it. 

(79  111  667,  94  lii  263,  32  111  A  300,  115  N  W  232,  62  S  W  872.) 
This  is  provided  for  generally  in  statute  law,  as  in  Ariz., 
Cal.,  Col.,  Ks.,  Mo.,  Mont.,  Neb.,  N.  J.,  Pa.,  Tenn.,  Va.,  etc. 

Sufficient  cause  must  be  shown  to  warrant  this 
action. 

Sometimes  this  is  not  a  matter  of  discipline. 

Infectious  disease  is  of  course  ample  reason  for 
exclusion  from  the  school,  not  only  of  pupils  already 


246  Trustees:  Expulsion          [Part  I 

infected,  but  of  those  likely  to  be  infected  from  living 
in  a  house  where  such  disease  exists.  (D  1687) 

For  the  exclusion  of  unvaccinated  children  see 
page  174. 

For  the  compulsory  admission  of  colored  children 
see  page  174. 

Incapacity  would  seldom  be  a  sufficient  cause. 

(12  Allen  127,  8  Cush  160,  31  la  562,  38  Me  376,  23  Pick  224.  48  Vt 
444,   473) 

In  1899  it  was  ruled  that  the  trustees  could  not  exclude 
from  the  Cleveland  normal  school  pupils  on  the  ground  that 
they  give  no  promise  of  becoming  fit  for  teaching. 

Henry  E.  Miller  entered  the  San  Jose  normal  school  in 
1895  and  again  Feb.  25,  1899,  and  Sept.  4,  1900,  was  refused 
permission  to  continue  as  a  pupil  and  was  expelled.  The 
court  found  that  he  had  made  no  failures  in  practice  teaching 
and  he  was  discharged  on  the  assumption  that  the  board 
could  by  their  arbitrary  will  decide  him  to  be  disqualified  to 
become  a  teacher.  In  this  the  trustees  exceeded  their 
power  and  deprived  the  student  of  a  right  given  him  by  the 
statute.  It  is  not  a  question  of  withholding  a  diploma  if  at 
time  of  graduation  he  was  found  unfitted,  but  of  permitting 
him  to  remain  to  study.  It  is  not  within  the  power  of  the 
teachers  to  acticipate  the  results  of  the  final  examination. 
The  right  to  be  admitted  to  a  normal  school  is  as  valuable 
as  to  be  admitted  to  a  primary  grade.  (68  Pac  1032) 

A  pupil  may  not  compel  a  board  to  graduate  him.  (42 
Alt  846) 

A  child  was  excluded  from  the  school  by  a  teacher, 
with  the  trustee's  approval,  upon  the  alleged  ground 
that  he  was  idiotic,  lacked  capacity  for  education, 
and  was  unable  to  care  for  himself.  Evidence  offered 
before  the  school  commissioner  did  not  sustain  the 
charges,  but  rather  refuted  them.  I  suppose  the  true 
rule  touching  such  a  case  is  that  the  child  should  be 


District]          Defective  Children  247 

permitted  to  attend  the  school  unless  his  presence  is 
obnoxious  to  others,  and  unless  he  is  so  weak-minded 
as  to  be  incapable  of  caring  for  himself  and  receiving 
the  elements  of  an  education.  The  school  ought  to 
help  this  boy  if  it  can  do  so  without  detriment  to  the 
interests  of  other  pupils.  Not  the  mere  pleasure 
or  convenience*  of  the  teacher  is  to  be  considered,  but 
the  efficiency  and  success  of  the  school.  Although 
he  may  be  the  occasion  of  some  annoyance,  and  of  a 
little  unusual  care  and  attention,  he  should  be  per- 
mitted to  continue  in  the  school  unless  his  presence 
there  will  injure  it.  (D  3891) 

New  York  makes  generous  provision  for  all  chil- 
dren unfitted  by  feeble  intellect  or  by  deafness  or  by 
blindness  for  public  school  instruction.  (920) 

There  are  institutions  for  the  feeble-minded  at  Syracuse 
and  at  Newark. 

The  commissioner  of  education  has  charge  of  the  institu- 
tions for  the  deaf  and  dumb  and  blind  in  New  York  city, 
Rome,  Batavia,  and  elsewhere.  (920) 

All  deaf  and  dumb  persons  resident  in  this  state  and 
upwards  of  12  years  of  age,  who  shall  have  been  resident  in 
this  state  for  1  year  immediately  preceding  the  application, 
or,  if  a  minor,  whose  parent  or  parents,  or,  if  an  orphan, 
whose  nearest  friend  have  been  resident  in  this  state  for  one 
year  immediately  preceding  the  application,  are  eligible  to 
appointments  as  state  pupils  (921) 

All  blind  persons  of  suitable  age  and  similar  qualifications 
are  eligible  to  appointment  to  the  institutions  for  the  blind. 
All  such  appointments,  with  the  exception  of  those  to  the 
institution  for  the  blind  in  the  village  of  Batavia,  are  made  by 
the  commissioner  of  education  upon  application,  and  in  those 
cases  in  wjiich,  in  his  opinion,  the  parents  or  guardians  of  the 
applicants  are  able  to  bear  a  portion  of  the  expense,  he  may 
impose  conditions  whereby  some  proportionate  share  of  ex- 


248  Trustees :  Expulsion  [Part  I 

pense  of  educating  and  clothing  such  pupils  shall  be  paid  by 
their  parents,  guardians  or  friends,  in  such  manner  and  at 
such  times  as  the  commissioner  shall  designate,  which  condi- 
tions he  may  modify  from  time  to  time,  if  he  shall  deem  it 
expedient  to  do  so.  (922) 

Each  pupil  so  received  into  any  of  these  institutions  is 
provided  with  board,  lodging  and  tuition;  and  the  directors 
of  the  institution  receive  an  annual  appropriation  for  each 
pupil  so  provided  for.  The  regular  term  of  instruction  for 
such  pupils  shall  be  5  years;  but  the  commissioner  of  education 
may,  in  his  discretion,  extend  the  tern  of  any  pupil  for  a 
period  not  exceeding  3  years.  (923) 

The  supervisors  of  any  county  in  this  state  from  which 
county  state  pupils  may  be  hereafter  appointed  to  any  insti- 
tution for  the  instruction  of  the  deaf  and  dumb,  or  to  the 
New  York  institution  for  the  blind,  whose  parents  or  guar- 
dians are  unable  to  furnish  them  with  suitable  clothing,  are 
hereby  authorized  and  required  to  raise  in  each  year  for  each 
pupil  from  said  county,  the  sum  of  $30.  (925) 

The  supervisors,  or  officers  corresponding  thereto,  of  the 
counties  of  New  York,  Kings,  Queens,  Nassau  or  Suffolk, 
from  which  state  pupils  shall  be  sent  to  and  received  in  the  New 
York  institution  for  the  blind,  whose  parents  or  guardians 
shall,  in  the  opinion  of  the  commissioner  of  education,  be 
unable  to  furnish  them  with  suitable  clothing,  are  hereby 
authorized  and  directed,  in  every  year  while  such  pupils  are 
in  said  institution,  to  raise  and  appropriate  $50  for  each  of 
said  pupils  from  said  counties  respectively,  and  to  pay  the 
sum  so  raised  to  the  said  institution,  to  be  by  it  applied  to 
furnishing  such  pupils  with  suitable  clothing  while  in  said 
institution.  (925) 

Whenever  a  blind  person,  who  is  a  citizen  of  this  state  and 
a  pupil  in  actual  attendance  at  a  college,  university,  technical 
or  professional  school  located  in  this  state  and  authorized  by 
law  to  grant  degrees,  other  than  an  institution  established 
for  the  regular  instruction  of  the  blind,  is  designated  by  the 
trustees  thereof  as  a  fit  person  to  receive  the  aid  hereinafter 
rovided  for,  there  shall  be  paid  by  the  state  for  the  use  of 


District]  Deaf,  Dumb  and  Blind  Children    249 

such  pupil  the  sum  of  $300  per  annum  with  which  to  employ 
persons  to  read  to  such  pupil  from  text-books  and  pamphlets 
used  by  such  pupil  in  his  studies  at  such  college,  university 
or  school.  (926) 

Whenever  a  deaf-mute  child  under  the  age  of  12  years 
shall  become  a  charge  for  its  maintenance  on  any  of  the  towns 
or  counties  of  this  state,  or  shall  be  liable  to  become  such  a 
charge,  it  shall  be  the  duty  of  the  overseer  of  the  poor  of  such 
town  or  of  the  supervisors  of  such  county  to  place  such  child, 
and  any  parent,  guardian  or  friend  of  a  deaf-mute  child, 
within  this  state,  over  the  age  of  5  years  and  under  the  age  of 
12  years,  may  make  application  to  the  overseer  of  the  poor  of 
any  town  or  to  any  supervisor  of  the  county  where  such 
child  may  be,  showing  by  satisfactory  affidavit  or  other  proof, 
that  the  health,  morals  or  comfort  of  such  child  may  be 
endangered,  or  not  properly  cared  for,  and  thereupon  it  shall 
be  the  duty  of  such  overseer  or  supervisor  to  place  such  child 
in  one  of  the  following  institutions 

1.  The  New  York  institution  for  the  deaf  and  dumb;  or, 

2.  The  institution  for  the  improved  instruction  of  deaf- 
mutes;  or, 

3.  The  Le  Couteulx  Saint  Mary's  institution  for  the  improv- 
ed instruction  of  deaf-mutes  in  the  city  of  Buffalo ;  or, 

4.  The  Central  New  York  institution  for  deaf-mutes  in 
the  city  of  Rome;  or, 

5.  The  Albany  home  school  for  the  oral  instruction  of  the 
deaf  at  Albany;  or, 

6.  To  any  other  institution  in  the  state  for  the  education, 
of  deaf-mutes  as  to  which  state  board  of  charities  shall  have 
filed  with  the  commissioner  of  education  a  certificate  to  the 
effect  that  said  institution  has  been  duly  organized  and  is 
prepared  for  the  reception  and  instruction  of  such  pupils. 
(928) 

Such  children  placed  in  said  institutions  shall  be  main- 
tained therein  at  the  expense  of  the  county  from  whence  they 
came,  provided  that  such  expense  shall  not  exceed  $300  each 
per  year,  untl  they  attain  the  age  of  12  years,  unless  the  direc- 
tors of  the  institution  to  which  a  child  has  been  sent  shall  find 


250  Trustees :  Expulsion  [Part  I 

that  such  child  is  not  a  proper  subject  to  remain  in  said 
institution.  (929) 

All  blind  persons  of  suitable  age  and  capacity  for  instruc- 
tion, who  are  legal  residents  of  the  state,  are  entitled  to  the 
privileges  of  the  New  York  state  school  for  the  blind  at 
Batavia  without  charge,  and  for  such  a  period  of  time  in  each 
individual  case  as  may  be  deemed  expedient  by  the  board  of 
trustees  of  said  school;  provided,  that  whenever  more  persons 
apply  for  admission  at  one  time  than  can  be  properly  accom- 
modated in  the  school,  the  trustees  shall  so  apportion  the  num- 
ber received,  that  each  county  may  be  represented  in  the  ratio 
of  its  blind  population  to  the  total  blind  population  of  the 
state ;  and  provided  further,  that  the  children  of  citizens  who 
died  in  the  United  States  service,  or  from  wounds  received 
therein  during  the  late  rebellion,  shall  take  precedence  over 
others.  (941) 

The  primary  object  of  the  school  is  to  furnish  to  the  blind 
children  of  the  state  the  best  known  facilities  for  acquiring  a 
thorough  education,  and  train  them  in  some  useful  profession 
or  manual  art,  by  means  of  which  they  may  be  enabled  to 
contribute  to  their  own  support  after  leaving  school ;  but  it 
may  likewise,  through  its  industrial  department,  provide 
such  of  them  with  appropriate  employment  and  boarding 
accommodations  as  find  themselves  unable,  after  completing 
their  course  of  instruction  and  training,  to  procure  these 
elsewhere  for  themselves.  It  shall,  however,  in  no  sense  be 
an  asylum  for  those  who  are  helpless  from  age,  infirmity  or 
otherwise,  or  a  hospital  for  the  treatment  of  blindness.  (944) 

The  trustees  have  power  to  appoint  a  competent  and 
experienced  superintendent,  who  is  the  chief  executive  officer 
of  the  school,  together  with  an  efficient  corps  of  instructors 
and  other  subordinate  officers;  prescribe  the  duties  and  terms 
of  service  of  the  same ;  fix  and  pay  their  salaries,  and  for  just 
cause,  remove  any  or  all  of  them  from  office.  They  likewise 
employ  the  requisite  number  of  servants  and  other  assistants 
in  the  various  departments  of  the  school,  and  pay  the  wages 
of  the  same.  (952) 


District]  Batavia  Institution  for  the  Blind  251 

If  the  friends  of  any  pupil  from  within  the  state  of  New 
York  fail  through  neglect  or  inability  to  provide  the  same 
with  proper  clothing  or  with  funds  to  defray  his  necessary 
traveling  expenses  to  and  from  the  school,  or  to  remove  him 
therefrom,  as  required  in  the  preceding  section,  the  trustee 
shall  furnish  such  clothing,  pay  such  traveling  expenses,  or 
remove  such  pupil  to  the  care  of  the  overseers  of  the  poor  of 
his  township,  and  charge  the  cost  of  the  same  to  the  county 
to  which  the  pupil  belongs,  provided  that  the  annual  amount 
of  such  expenditures  on  account  of  any  pupil  shall  not  exceed 
the  sum  of  $60.  (955) 

The  school  is  entitled  to  receive  copies  of  all  books  and 
other  publications  which  are  distributed  gratuitously  by  the 
state  to  townships  or  county  libraries,  common  schools, 
academies,  colleges  and  societies. 

But  the  usual  cause  is  the  deliberate  infraction  of 
any  rules  made  by  the  trustees  which  are  reasonable. 
See  page  165. 

Pupils  should  not  be  excluded  for  accidents  or  negligence. 
(2  111  A  584,  43  N  W  996) 

To  eject  a  boy  from  the  room  on  account  of  profanity  is 
not  to  be  regarded  as  permanent  expulsion  from  the  school. 
(41  Conn  442) 

It  has  been  held  that  a  child  might  be  suspended  because 
a  parent  entered  the  school  and  used  abusive  language. 
(28  S.  E.  896,  101  Ga  422,  65  Am  St  312) 

Some  states  leave  it  discretionary  with  the  trus- 
tees to  expel  for  such  case  as  may  seem  to  them 
sufficient,  without  requiring  them  to  name  it.  (  105 
Mass  475) 

Thus  Tenn.  and  Va.  authorize  the  trustees  to  expel  when 
the  prosperity  and  efficiency  of  the  school  make  it  necessary. 

But  more  commonly  the  trustees  must  be  able  to 
defend  their  action  by  showing  good  reason  for  the 
expulsion. 


252  Trustees:  Expulsion  [Part  I 

A  pupil  who  had  attended  the  Peru  (Neb.)  normal  for 
several  years  made  application  to  enter  at  the  fall  term  of 
1897,  but  was  refused  "for  the  best  interest  of  the  school". 
"This  action  was  taken,"  said  the  board,  "without  reference 
to  his  guilt  or  innocence  in  the  matters  with  which  his  name 
has  been  connected."  Held  that  mandamus  proceedings  hold 
if  the  action  of  the  school  was  capricious  or  arbitrary.  The 
record  disclosed  no  reason.  A  writ  compelling  reinstatement 
is  proper.  So  in  Cal.  (68  Pac  1029) 

Suspension  must  be  for  violation  of  some  rule  prescribed 
by  the  board,  or  committed  during  school  hours,  or  in  the 
presence  of  master  and  other  pupils.  (28  S  E  896) 

(27  Am  Rep  343,  65  Am  St  312,  41  L  R  A  593,  28  S  E  896) 

Where  the  statute  provided  that  pupils  may  be  expelled 
for  gross  immorality  or  for  persistent  violation  of  the  rules 
of  the  school,  the  board  was  not  authorized  in  suspending 
pupils  for  acts  tending  to  destroy  the  peace  and  harmony  of 
the  school,  or  inciting  insubordination  on  others,  or  for 
ridicule  of  the  directors,  in  the  absence  of  any  regulation 
prohibiting  such  acts.  (30  la  429) 

New  York  has  ruled  that  trustees  may  expel  pupils 
for  open,  gross  immorality  manifested  by  any  licen- 
tious propensities,  language,  manners,  or  habits, 
though  not  manifested  by  acts  of  licentiousness,  or 
immorality  within  the  school,  or  for  such  violent 
insubordination  against  reasonable  and  proper  regu- 
lations of  the  school  as  to  render  it  impossible  to 
maintain  necessary  discipline  and  order,  or  when  in 
their  judgment  the  good  order  and  proper  govern- 
ment of  the  school  demands  it  (770) 

Immorality  shown  within  the  school  is  sufficient 
cause. 

(41  Conn  442,  79  111  567,  87  111  303,  36  Wis  59) 


District] 


Sufficient  Causes 


253 


It  has  been  held  that  a  licentious  child  may  be  excluded 
even  when  no  licentious  acts  have  been  committed  within 
the  school. 

Ariz,  makes  habitual  profanity  and  vulgarity  good  cause 
for  expulsion,  while  Cal.  and  NJ.  make  them  cause  for  suspen- 
sion. 

Ariz,    says   "for   misconduct". 

When  pupils  indecently  expose  their  persons  or  act  in 
obscene  or  indecent  manners,  and  use  vile  or  indecent  lan- 
guage they  may  be  suspended.  (D  4362) 

In  England  one  Hutt  was  expelled  from  Haileybury  college 
because  suspected  of  stealing  money.  The  judge  suggested 
that  if  the  teacher  believed  he  stole,  the  cause  was  sufficient 
even  if  he  did  not  steal. 

Insubordination,  or  continued  wilful  disobedience, 
is  named  in  most  statutes  and  decisions.  (38  Me  164) 

See  Ariz.,  Cal.,  Col.,  la.,  Kan.,  Neb.,  N.  J.,  N.  D.  Pa.,  Wash., 
etc. 

The  supreme  court  of  Illinois  has  decided  that  school 
directors  can  expel  pupils  only  for  disobedient,  refractory,  or 
incorrigibly  bad  conduct,  after  all  other  means  have  failed. 
Expulsion  is  not  designed  as  a  means  of  punishment.  (97  111 
375.  vSee  89  111  567) 

In  la.  it  was  decided  that  trustees  may  not  adopt  a  rule 
which  will  deprive  a  child  of  school  privileges  except  as 
punishment  for  breach  of  discipline  or  an  offence  against  good 
morals.  (56  la  476) 

Damage  to  school  property  is  in  some  states  legal 
cause  for  expulsion.  See  page  167. 

In  Mich,  before  a  pupil  may  be  suspended  or  expelled  for 
this  cause,  the  act  must  be  shown  to  be  wilful  and  malicious — 
not  merely  careless.  (43  N  W  996.  See  2  111  A  584) 

In  most  states  this  is  not  so  regarded.  It  is  not  reasonable 
to  suspend  pupil  for  not  paying  for  broken  window.  (56  la 
476,  18  N  E  266) 


254  Trustees:  Expulsion  [Parti 

A  school  board  has  no  power  to  compel  the  payment  of  a 
sum  of  money  as  a  condition  of  reinstatement.  (116  N  W 
232) 

If  the  trustees  refuse  to  expel  a  persistently  diso- 
bedient pupil,  it  has  been  held  that  the  teacher  may 
decline  to  continue  the  school  and  draw  wages  for  the 
full  term  (D  1725),  or  at  least  up  to  the  time  of  giving 
up  the  school  (27  Vt  755,  46  Vt  452).  See  page  132. 

It  is  the  duty  of  a  trustee  to  aid  a  woman  teacher,  when 
appealed  to,  in  reducing  to  subjection  a  vicious  and  disturbing 
pupil,  and  if  necessary,  to  remove  such  pupil  from  the  school. 
(D  3678). 

If  trustees  will  not  expel  them,  a  teacher  may  refuse  to 
instruct  large  boys  who  treat  her  disrespectfully  and  refuse 
proper  obedience.  "A  female  cannot  be  expected  to  control 
large  boys  by  physical  force"  (D  1725) 

A  boy  expelled  for  impertinence  should  be  readmitted  if 
he  apologizes  (D  1695).  Compare  page  257.  Nor  can  he  be 
required  to  apologize  upon  his  knees  (D  1960). 

By  other  decisions,  pupils  cannot  be  suspended  for  refusing 
to  apologize  to  a  teacher  for  declining  to  sit  by  a  very  hot 
stove  as  punishment,  or  for  wearing  the  hair  in  a  manner 
forbidden  by  the  teacher  but  approved  by  the  mother.  See 
page  169. 

In  111.  it  has  been  held  that  the  board  may  require  a  pupil 
to  inform  it  of  the  name  of  another  pupil  guilty  of  a  breach 
of  the  rules,  and  on  his  refusal  may  suspend  him,  but  not  for 
more  than  the  rest  of  the  school  year  (32  111  A  300) ;  but  it 
would  not  be  safe  to  rely  on  this  decision. 

It  is  not  in  the  line  of  duty  for  trustees  to  refuse 
a  person  expelled  from  a  school  the  quiet  enjoyment 
of  an  exhibition  held  by  a  literary  society  of  a  school 
in  a  school-building.  In  charging  the  jury  in  such 
a  case,  the  judge  remarked: 

To  say  that  a  student  expelled  from  a  school  for  disobe- 
dience to  some  municipal  regulation  should  be  excluded  from 


District]  How  long  it  should  Continue      255 

attending  a  prayer  meeting  or  public  lecture  in  the  school- 
house  or  college  premises  for  all  time  to  come,  without  any 
evidence  of  improper  conduct  or  suspicion  of  improper  purposes, 
would  be  an  exercise  of  tyranny  over  his  private  rights  not 
vested  in  the  trustees,  directors,  or  professors  of  our  education- 
al institutions.  (3  Pittsb  264) 

If  a  pupil  who  has  been  suspended  or  expelled  re- 
fuses to  leave  the  building,  the  teacher  or  trustee  may 
at  once  enter  a  complaint  before  any  justice  of  the 
peace  or  city  magistrate  under  the  provisions  referred 
to  on  page  155. 

The  law  of  N.  H.  says  "If  any  scholar,  after  notice,  shall 
attend  or  visit  a  school  which  he  has  no  right  to  attend,  or 
shall  interrupt  or  disturb  the  same,  he  shall  be  fined  for  the 
first  offence  $5,  and  for  any  subsequent  offence  $10,  or  be 
imprisoned  not  exceeding  30  days." 

How  long  expulsion  should  continue  when  a  pun- 
ishment for  bad  conduct  has  been  a  subject  of  con- 
troversy. 

The  usual  view  is  that  the  expulsion  should 
continue  till  repentance  is  shown. 

On  April  8,  1874,  L.  H.  Hanchett  was  suspended 
from  the  union  school  at  Phoenix,  N.  Y.,  "for  dis- 
respectful conduct  and  language  towards  his  teach- 
er", and  the  board  refused  to  restore  him  until  he 
should  make  an  apology.  He  refused  to  make  such 
apology,  on  the  ground  that  he  had  been  unjustly 
dealt  with  in  reference  to  a  certain  examination,  and 
more  than  a  year  afterwards  he  applied  to  the  state 
superintendent  to  be  readmitted  to  the  school  with- 
out apology.  The  superintendent's  decision  reads 
as  follows:  "The  language  of  the  appellant  to  his 


256  Trustees:  Expulsion  [Part  I 

teacher  was  such  as  no  provocation  would  ever  jus- 
tify a  gentleman  in  using  toward  a  lady,  as  the  teacher 
is:  and  the  appellant's  own  sense  of  self-respect  and 
of  what  under  the  circumstances  was  due  from  him 
to  his  teacher  should  have  led  him  to  make  the  apol- 
ogy of  his  own  free-will,  without  a  demand  for  it  from 
the  board  in  behalf  of  the  offended  party.  But  it 
appears  that  the  appellant  persistently  refuses  to  do 
not  only  the  teacher  but  himself  justice  in  the  matter, 
for  in  view  of  the  offence  committed,  making  at  least 
the  reparation  of  an  apology  for  the  language  used, 
was,  in  my  opinion,  an  act  of  justice  even  to  himself, 
which  he  should  have  been  not  only  willing  but  eager 
to  perform.  But  in  view  of  the  fact  that  the  appel- 
lant has  already  been  kept  from  the  privileges  of  the 
school  for  more  than  a  year,  and  that  such  a  suspen- 
sion may  be  well  deemed  a  sufficient  punishment 
for  the  offence,  committed  as  it  probably  was  under 
unusual  excitement  and  by  a  scholar  of  uniform 
previous  good  conduct,  the  appeal  is,  I  must  admit 
with  considerable  reluctance,  sustained,  and  the 
respondents  are  directed  to  restore  the  appellant  to 
the  privileges  of  the  school,  on  presenting  himself  for 
that  purpose." — Letter  book,  Education  department, 
July  21,  1875. 

The  principle  here  affirmed  is  that  when  the  sus- 
pension has  been  continued  long  enough  to  be  a  suf- 
ficient punishment,  the  scholar  must  be  received 
without  acknowledgment  of  the  wrong  committed. 

A  similar  decision  was  rendered  April  24,  1901,  in  relation 
to  a  case  in  Huntington,  where  it  was  held  that  expulsion 


District]     How  long  it  should  Continue    257 

could  not  be  for  a  longer  period  than  to  the  end  of  the  school 
year. 

In  some  states  the  statute  limits  the  period  of  expulsion 
to  the  current  term. 

Among  these  are  Kan.,  Neb.,  N.D.,  Ohio,  S.D.,  Utah. 

But  New  York  has  had  only  two  administrations 
capable  of  rendering  such  decisions  and  is  not  likely 
to  have  another.  The  usual  ruling  is  given  in  the 
decisions  which  follow. 

Henry  Merrill,  17  years  old,  a  pupil  in  the  school  at  Lyons, 
assaulted  John  H.  Patterson,  acting  principal  of  the  school, 
and  on  the  next  day  when  school  was  in  session  charged  him 
with  lying  and  offered  to  fight  him.  When  called  before  the 
board  he  admitted  this,  and  justified  his  conduct,  whereupon 
he  was  suspended,  and  his  guardian  appealed.  There  can  be 
no  doubt  of  the  power  of  local  school  authorities  to  suspend 
pupils  from  school  privileges  when  their  conduct  is  so  wilfully 
insubordinate  as  to  be  destructive  of  the  good  order  and 
efficiency  of  the  schools.  There  are  undoubtedly  some  cases 
which  would  justify  an  entire  and  perpetual  taking  away  of 
school  privileges.  There  are  many  more  cases  which  call  for 
a  temporary  taking  away  of  such  privileges,  to  continue  until 
such  time  as  the  pupil  gives  satisfactory  evidence  of  his  willing- 
ness to  submit  himself  to  the  discipline  of  the  school  *  *  * 
This  department  will  not  be  inclined  to  overrule  the  action  of 
the  board  in  this  case,  at  least  before  it  is  shown  that  it  refuses 
to  readmit  Merrill  to  the  privileges  of  the  school  after  he  has 
given  abundant  proof  of  regret  for  his  misconduct,  and  readiness 
to  submit  unreservedly  to  the  discipline  of  the  school.  (D  3596) 

The  action  of  a  teacher  and  of  a  board  of  education  in 
suspending  a  pupil  will  be  upheld  when  it  is  shown  that  the 
pupil  was  disorderly  and  refused  to  obey  the  teacher  and 
properly  deport  himself  in  the  school.  Until  it  has  been  made 
to  appear  by  proof  that  the  pupil  has  been  subjugated  and  is 
ready  to  properly  conduct  himself,  he  should  not  be  admitted  to 
the  privileges  of  the  school.  (D  3689) 


258  Trustees:  Expulsion  [Part  I 

Appeal  from  the  refusal  of  the  trustees  of  a  district  to 
receive  a  pupil  in  the  school  who  has  been  expelled  for  a  breach 
of  discipline.  The  boy  has  been  denied  the  privileges  for 
several  weeks.  The  act  for  which  the  punishment  was  inflict- 
ed was  evidently  the  result  of  momentary  impulse,  and  for 
which  he  is  now  contrite.  Nothing  is  shown  against  him  but 
this  one  act.  Held,  that  he  should  be  admitted  to  the  school. 
(D  3861). 

In  111.,  when  a  pupil  has  been  suspended,  and  uses  gross 
vulgarity  and  profanity  to  the  board  on  being  called  before 
it,  he  forfeits  his  right  if  any  to  reinstatement  until  reparation 
is  tendered.  (32  111  A  300) 

In  Me.  the  trustees  may  expel  any  obstinately  disobedient 
and  disorderly  scholar,  and  restore  him  on  suitable  evidence 
of  his  repentance  and  amendment. 

In  R.  I.  the  principle  involved  has  been  clearly  stated.  On 
March  9,  1870,  a  scholar  named  Fuller  resisted  the  authority 
of  J.  I.  Davenport,  principal  of  the  Woonsocket  high  school. 
The  teacher  suspended  him.  The  committee  justified  the 
teacher  in  the  suspension,  but  voted  to  restore  the  boy 
unconditionally.  The  teacher  appealed  from  the  committee 
to  the  state  commissioner  of  public  schools,  who  rendered 
the  following  decision : 

In  the  case  of  Master  Fuller,  no  punishment  has  yet  been 
inflicted  for  the  offence  committed,  save  that  indirectly 
following  the  publicity  of  suspension  from  school ;  and  so  far 
as  the  vote  of  the  committee  extends,  there  has  been  no 
requirement  made  which  secures  to  the  governing  power  of 
the  school  a  recognition  of  the  violation  of  law,  or  a  proper 
pledge  of  future  obedience.  If  the  scholar  so  disobeying  be 
allowed  to  return  to  the  schoolroom  without  such  acknowledg- 
ment of  wrong,  or  a  promise  of  future  obedience,  the  disci- 
pline of  the  school  would  instantly  be  degraded  to  the 
position  occupied  by  the  offender,  and  to  a  state  of  discord  in 
harmony  with  the  offence.  On  the  other  hand,  the  recog- 
nition on  the  part  of  the  offender,  of  the  offence  committed, 
as  well  as  an  acknowledgment  of  the  authority  of  the  teacher 
to  regulate  the  internal  police  of  the  school,  with  a  pledge  of 


District]     Must  the  Pupil  be  Heard?       259 

future  obedience,  not  only  honors  proper  and  legitimate 
government  and  establishes  it  upon  a  proper  basis,  but  it 
also  honors  the  instinctive  regard  for  truth,  virtue,  and 
correct  deportment  on  the  part  of  those  who  may  have  fallen 
into  a  fault,  perhaps  hastily  and  thoughtlessly. 

Upon  this  view  of  the  case  stands  the  whole  question  of  good 
government  and  discipline  at  home  or  at  school.  If  the  parent 
or  teacher  be  at  once  deprived  of  the  power  of  judging  of 
the  value  of  an  offence,  from  its  intrinsic  character  and  its 
attendant  circumstances,  and  also  of  the  power  to  administer 
merited  punishment  for  offences,  as  well  as  of  granting  of 
pardon  and  forgiveness  on  the  ground  of  true  reformation, 
the  whole  foundation  and  superstructure  of  disciplinary 
government  are  thrown  down,  and  misrule  must  and  will 
prevail. 

The  wise  and  judicious  teacher  is  jealous  of  his  true  rights 
and  prerogatives,  and  is  the  best  judge  as  to  the  influences  of 
the  school-room  which  help  on  the  one  hand  to  maintain,  and 
on  the  other  to  subvert,  good  government.  The  look  and 
gesture  may  mean  more  of  good  or  ill  then  the  word  or  act; 
and  it  would  not  tend  to  the  welfare  of  our  schools,  or  to  the 
support  and  dignity  of  home  or  school  govenrment,  to  subject 
every  act  of  the  teacher  or  the  parent  to  the  severe  tests  of 
legal  scrutiny,  or  the  partisan  attacks  of  interested  counsellors. 
In  view,  therefore,  of  the  general  application  of  the  vote 
passed  by  the  school  committee  of  Woonsocket,  by  which 
said  committee  decided  to  admit  Master  Fuller  to  regular 
standing  in  the  high  school,  and  in  view  of  its  specific  applica- 
tion to  the  school  of  which  he  is  a  member,  as  well  as  its 
practical  influence  upon  all  the  schools  of  the  town,  if  carried 
out,  I  am  forced  to  the  conclusion  that  it  would  not  be  for 
the  welfare  of  the  schools  to  allow  this  vote  to  be  carried  into 
effect,  and  I  therefore  declare  said  vote  to  be  null  and  void. — 
Manual  1873,  pp.  145,  146. 

In  Mass,  and  O.,  before  the  pupil  is  expelled  the  par- 
ent must  be  notified  and  permitted  to  be  heard.  (72 


260  Trustees:  Expulsion  [Part  I 

N  E  91,  citing  165  Mass  460,   175,    Mass  462,   181, 
Mass  127,  63  N  E  400) 

In  New  York  and  most  other  states  the  pupil  may 
be  suspended  for  gross  misdemeanor  or  persistent 
disobedience  without  notice  to  him  or  his  par- 
ents. (110  N  W  736) 

In  the  suspension  of  a  pupil  the  board  is  not  required  to 
proceed  with  the  formality  of  a  trial.  Its  action  suspending 
a  pupil  pending  suitable  apology  to  a  teacher  to  whom  she 
had  been  impudent  and  insubordinate  will  be  sustained. 
(D  5311) 

In  the  following  cases  pupils  were  suspended  without 
notice  and  mandamus  granted  by  superior  court  to  reinstate 
the  pupils  but  upon  appeal  to  the  supreme  court  the  order 
was  reversed:  (65  Am  St  Rep  312,  101  Ga  422,  41  L  R  A  593, 
28  S  E  896) 

An  action  of  mandamus  will  lie  and  may  be  main- 
tained to  reinstate  a  pupil  if  the  action  of  the  officer 
by  whom  the  party  was  refused  admission  to  or  con- 
tinuance in  school  was  an  arbitrary  or  capricious  ex- 
ercise of  authority.  (42  L  R  A  792,  57  Neb  183, 
77  N  W  662) 

The  burden  of  proof  is  on  the  parties  whose  action  is 
appealed  against.  Mandamus  is  the  proper  proceeding. 
One  who  is  unjustly  deprived  of  the  privileges  of  the  public 
school  is  entitled  to  a  speedy  and  adequate  remedy.  (129 
la  997,  31  Neb  552,  51  Neb  228,  48  N  W  393,  70  N.W  946, 
109  N  W  570,  110  N  W  736) 

Trustees  are  not  liable  for  damages  for  expelling  a 
pupil,  even  though  the  rule  be  unwarrantably  severe, 
provided  they  act  in  good  faith.  (32  Vt  224) 

(113    Mass     103,    157    Mass    561,    165  Mass  460,  57   Neb   183,     32 
N  E  864,  43  N  E  191,  72  N  E  91) 


District]  Damages  for  Wrongful  Expulsion  261 

To  recover  damages,  the  person  must  first  appeal  to  school 
officers  who  have  the  power  to  reinstate  him,  if  there  be  such, 
and  prove  the  action  of  the  officers  excluding  him  to  have 
been  wanton  and  malicious.  (95  111  63,  13  111  A  520) 

In  Mo.  it  was  decided  that  when  trustees  had  expelled  a 
pupil  for  attending  a  social  evening  party  in  violation  of  a 
rule  of  the  school,  no  suit  for  damages  could  be  sustained. 
The  court  said:  "Whether  the  rule  was  a  wise  one  or  not, 
the  directors  and  teachers  are  not  liable  to  an  action  for 
damages  for  enforcing  it,  even  to  the  expulsion  of  the  pupil 
who  violates  it.  While  this  court  might,  on  mandamus  to 
compel  the  board  and  teacher  to  admit  a  pupil  thus  expelled, 
review  the  action  of  the  board  and  pass  upon  the  unreason- 
ableness of  the  rule — which  we  do  not,  however,  decide  here — 
yet  the  doctrine  that  the  courts  can  do  this  is  very  different 
from  that  which  would  hold  the  directors  liable  in  an  action 
for  damages  for  enforcing  a  rule  honestly  adopted  for  the 
maintenance  of  discipline  in  the  school.  That  such  an  action 
is  not  maintainable  is  fully  established."  (66  Mo  286) 

(14  Barb  221,  13  111  A  520,  15  Ind  73,  51  Ind  206,  45  la  522,  111 
Mass  499,  38  Me  164,  376,  66  Mo  286,  5h  J  R  78,  17  Ohio  402,  29  Ohio 
161,  59  Pa  St  151,  23  Pick  224,  But  see  49  Barb  455,  6  Cal  94,  47 
Conn  365,  1  Denio  117,  599,  48  Mass  253,  49  N  H  199,  32  N  Y  489.  50 
N  Y  236,  21  Ohio  666) 

But  four  judges  of  the  court  say:  "It  certainly  could  not 
have  been  the  design  of  the  legislature  to  take  from  the  parent 
the  control  of  his  child  while  not  at  school,  and  invest  it  in 
a  board  of  directors  or  teacher  of  a  school.  If  they  can 
prescribe  a  rule  which  denies  to  the  parent  the  right  to  allow 
his  child  to  attend  a  social  gathering,  except  upon  pain  of 
expulsion  from  a  school  which  the  law  gives  him  a  right  to 
attend,  may  they  not  prescribe  a  rule  which  would  forbid 
the  parent  from  allowing  the  child  to  attend  a  particular 
church,  or  any  church  at  all,  and  thus  step  in  loco  parentii 
and  supersede  entirely  parental  authority?  The  directors, 
in  prescribing  the  rule  that  scholars  who  attend  a  social 
party  should  be  expelled  from  school,  went  beyond  their 
power,  and  invaded  the  right  of  the  parent  to  govern  the 


262  Trustees:  Expulsion  [Part  I 

conduct  of  his  child,  when  solely  under  his  charge.  My 
concurrence  in  the  opinion  of  the  court  is  based  upon  the 
sole  ground  that  malice,  oppression,  and  wilfulness  on  the 
part  of  the  defendants  are  not  sufficiently  charged  in  the 
petition."  (66  Mo  286) 

There  are  some  recent  decisions  awarding  damages. 

Judge  Dewey  of  Revere,  Mass.,  fined  the  school  authorities 
$100  for  expelling  Isidore  Nathanson.  He  had  been  suspend- 
ed and  was  allowed  to  return  on  probation.  He  violated 
the  terms  of  probation  and  was  expelled. 

In  111.  the  court  ruled  in  1901: 

The  unlawful  expulsion  of  a  pupil  from  school  is  a  trespass 
for  which  the  teachers  and  directors  are  personally  liable; 
nor  may  the  teacher  justify  such  unlawful  act  under  the 
authority  of  the  directors.  An  assessment  of  $136  damages, 
even  where  there  was  no  personal  injury,  is  not  to  be  regarded 
as  excessive,  but  is  distinctly  moderate. 

Whatever  damages  are  recovered  are  for  the  child, 
and  not  for  the  parent.  (14  Barb  221.  But  see  20 
Ohio  666) 

Unless  a  parent  has  sustained  some  direct  pecuniary 
injury  by  reason  of  unlawful  suspension  of  his  child,  his 
remedy  is  mandamus  to  allow  the  child  to  attend  and  not  an 
action  for  damages.  (58  S  E  19) 


„ 

oualii 


CHAPTER  XXI 
Trustees:    Public  Moneys 


11.  To  pay,  towards  the  wages  of  such  teachers  as  are 
qualified,  the  public  moneys  apportioned  to  the  district 
legally  applicable  thereto,  by  giving  them  orders  therefor 
on  the  supervisor,  or  on  the  collector  or  treasurer  of  such 
district  when   duly   qualified   to   receive   and  disburse 
the  same,  and  to  collect,  as  herein  provided,  the  residue 
of  such  wages  by  direct  tax.     (195,  240) 

No  trustees  may  issue  any  order  or  draw  a  draft  upon  a 
supervisor,  collector  or  treasurer  for  any  money  unless  there 
is  at  the  time  a  sufficient  amount  of  money  in  the  hands  of 
such  supervisor,  collector  or  treasurer  belonging  to  the  dis- 
trict, to  meet  such  order  or  draft,  and  a  violation  of  this 
provision  by  any  trustee  is  a  misdemeanor  and  punishable 
as  such.  (195,  88:1909,  Sec  1871) 

//,  at  the  time  of  the  employment  of  a  qualified  teacher 
for  a  term  of  school,  there  are  no  public  moneys  in  the 
hands  of  the  supervisor,  collector  or  treasurer  applicable 
to  the  payment  of  teachers'  wages,  or  if  there  is  not  a 
sufficient  amount  in  the  hands  of  either  or  all  such 
officers  to  enable  the  trustees  to  pay  the  teachers'  wages 
as  they  fall  due,  and  the  district  meeting  has  failed  or 
neglected  to  authorize  a  tax  to  pay  the  same,  the  trus- 
tees are  authorized  and  empowered,  and  it  is  their  duty, 
to  collect  by  district  tax  an  amount  sufficient  to  pay  the 
wages  of  such  teacher  for  such  term,  but  not  to  exceed 
4  months  in  advance.  (195) 

12.  To  divide  such  public   moneys   apportioned   to 
the  district,  whenever  authorized  by  a  vote  of  their  dis- 

(263) 


264  Trustees:  Public  Moneys        [Parti 

trict  into  two  or  more  portions  for  each  year;  to  assign 
and  apply  one  of  such  portions  to  each  term  during 
which  a  school  shall  be  kept  in  such  a  district,  for  the 
payment  of  teachers'  wages  during  such  term;  and  to 
collect  the  residue  of  such  wages  not  paid  by  the  pro- 
portion of  public  money  allotted  for  that  purpose, 
by  district  tax  as  herein  provided.  (195) 

13.  To  draw  upon   the  supervisor,   the  collector  or 
treasurer,  when  duly  qualified  to  receive  and  disburse 
the  same,  for  the  school  moneys,  by  written  orders  signed 
by  a  majority  of  said   trustees   as  prescribed.     (195. 
See  280) 

14.  After   having   paid   toward   the  wages   of  such 
teachers  as  are  qualified,  the  public  moneys  of  the  dis- 
trict legally  applicable  thereto,  by  giving  them  orders  on 
the  supervisor,  collector  or  treasurer  therefor,  to  collect 
the  residue  of  such  wages  by  a  district  tax,  or,  if  the 
same  shall  have  been  already  collected,   to  give  such 
teacher  an  order  on  the  collector  or  treasurer  for  the  bal- 
ance of  his  wages  still  remaining  unpaid.     (195) 

It  is  a  misdemeanor,  and  punishable  as  such,  for  trustees 
to  give  an  order  upon  the  collector  or  treasurer  unless  there 
shall  be  in  their  hands  at  the  time  sufficient  money  belonging 
to  the  district  to  meet  the  same.  (195.  Sec  88: 1909,  Sec  1871) 

The  amount  annually  appropriated  by  the  legis- 
lature for  the  support  of  common  schools,  constitutes 
the  state  school  moneys,  and  is  divided  and  appor- 
tioned by  the  commissioner  of  education  on  or  before 
Jan.  20  in  each  year,  to  be  applied  exclusively  to  the 
payment  of  teachers'  wages.  (450) 

Besides  the  school  moneys  there  are  the  common 
school  fund,  the  literature  fund,  and  the  United 


District]  The  State  Funds  265 

States  deposit  fund,  consisting  of  all  moneys,  securities 
or  other  property  in  the  treasury  of  the  state,  or  under 
the  control  of  any  state  officer,  and  of  all  debts  due 
the  state,  or  real  property  owned  by  it,  belonging 
to  such  funds.  (80) 

The  proceeds  of  all  lands  which  belonged  to  the  state  on 
Jan.  1,  1823,  except  the  parts  thereof  reserved  or  appropriated 
to  public  use,  or  ceded  to  the  United  States,  belong  to  the 
common  school  fund.  (58:1099) 

In  case  of  any  diminution  of  capital  belonging  to 
the  common  school  fund,  United  States  deposit  fund, 
or  literature  fund,  there  must  be  transferred  to  the 
capital  of  such  fund  or  funds  from  the  income  thereof 
so  much  as  may  be  necessary  to  preserve  the  capital 
inviolate.  Of  the  income  of  the  United  States  de- 
posit fund,  $25,000  is  annually  added  to  the  capital 
of  the  common  school  fund.  It  is  the  duty  of  the 
comptroller  at  the  close  of  each  fiscal  year,  to  trans- 
fer to  the  general  fund  the  remainder  of  the  income 
of  the  common  school  fund,  United  States  deposit 
fund,  and  literature  fund,  which  together  with  such 
amounts  as  may  be  raised  or  received  by  taxation  or 
otherwise  for  educational  purposes,  constitute  the 
education  fund,  and  appropriations  therefrom  may 
be  made  annually  for  the  support  of  the  educational 
system  of  the  state,  to  be  apportioned  by  the  com- 
missioner of  education  in  the  manner  provided  by 
law,  which  apportionment  shall  be  certified  by  the 
commissioner  of  education  to  the  comptroller  for 
distribution  and  payment.  (58:1909.  See  page  7.) 

The  amount  appropriated  by  the  legislature  for  the  support 
and  maintenance  of  the  common  school  system  of  the  state, 


266  Trustees :  Public  Moneys        [Part  I 

is  payable  from  the  treasury  upon  the  warrant  of  the  comp- 
troller, and  the  comptroller  countersigns  and  enters  all 
checks  drawn  by  the  treasurer  in  payment  of  his  warrants, 
and  all  receipts  of  the  treasurer  for  such  payments  paid  to 
the  treasurer,  and  no  such  receipts  are  evidence  of  payment 
unless  so  countersigned  (58:1909).  See  also  page  335. 

On  or  before  Jan.  20  of  each  year  the  commissioner 
of  education 

a.  Sets  apart  for  a  contingent  fund  not  more  than 
$10,000.  (451) 

b-  Apportions  to  each  city  and  to  each  union 
school  district  which  has  a  population  of  5,000  and 
which  employs  a  superintendent  of  schools  $800. 
This  is  known  as  a  supervision  quota.  (451) 

c.  Apportions  to  each  district  having  an  assessed 
valuation  of  $20,000  or  less,  $200; 

d.  to  each  district  having  an  assessed  valuation 
of  $40,000  or  less,  $175; 

e.  to  each  district  having  an  assessed  valuation 
of  $60,000  or  less,  $150; 

f.  to  each  Indian  reservation  for  each  teacher  em- 
ployed therein  for  a  period  of  32  weeks  or  more,  $150; 

g.  to  each  of  the  remaining  districts  and  to  each 
of  the  cities  in  the  state,  $125.   These  apportionments 
are  known  as  district  quotas. 

h.  Apportions  to  each  such  district  or  city  for 
each  additional  qualified  teacher  and  his  successors 
by  whom  the  common  schools  have  been  taught  during 
the  period  of  time  required  by  the  school  law,  $100. 
This  apportionment  is  known  as  the  teacher's  quota. 
(451) 


District]  Apportionment  267 

Every  union  free  school  district  and  every  city  having  an 
organized  city  system  of  schools  is,  for  all  the  purposes  of 
the  apportionment,  distribution,  payment  and  withholding 
of  school  moneys,  regarded  and  recognized  as  a  school  dis- 
trict. (461) 

Pupils  employed  to  teach,  as  monitors  or  otherwise,  do 
not  entitle  to  teachers'  quota,  not  being  qualified  teachers. 

To  entitle  a  district  to  a  district  or  teacher's  quota 
a  qualified  teacher  or  successive  qualified  teachers 
must  have  actually  taught  the  common  schools  of  the 
district  for  at  least  160  days  of  school  inclusive  of  legal 
holidays  that  may  occur  during  the  term  of  said 
school  and  exclusive  of  Saturdays.  (452) 

Where  there  has  been  a  change  of  teachers,  a  succession 
of  qualified  teachers  entitles  the  school  to  its  distributive 
quota. 

No  Saturday  is  counted  as  part  of  said  160  days  of  school 
and  no  school  may  be  in  session  on  a  legal  holiday  except 
Washington's  birthday  and  Lincoln's  birthday.  (452) 

The  following  are  the  legal  holidays  in  New  York.  If  a 
holiday  comes  on  Sunday,  the  day  following  is  a  legal  holiday. 
Jan.  1  May  30  Oct.  12  Dec.  25 

Feb.  12  July  4  Nov.  ?f 

Feb.  22  Sept.  ?*  Nov.  ?** 

*  The  first  Monday  in  September,  Labor  day. 

t  The  first  Tuesday.  General  election  day. 

**Usually  the  last  Thursday,  Thanksgiving.  (G.  C.  L.  Sec.  24)  An- 
niversary day,  usually  the  1st  Thursday  in  June  is  a  holiday  in  the  public 
schools  of  Brooklyn  (446:  1901) 

A  deficiency  not  exceeding  3  weeks  during  any 
school  year  caused  by  a  teacher's  attendance  upon  a 
teachers'  institute  within  a  county,  will  be  excused 
by  the  commissioner  of  education.  (452) 

All  schools  in  school  districts  and  parts  of  school  districts 
within  any  school  commissioner  district  wherein  an  institute 
is  held,  not  included  within  the  boundaries  of  an  incorporated 


268         Trustees :  Public  Moneys         [Part  I 

city,  except  as  provided,  must  be  closed  during  the  time 
such  institute  is  in  session.  The  closing  of  a  school  within 
the  school  commissioner  district  wherein  an  institute  shall 
be  held,  at  which  a  teacher  has  attended,  does  not  work  a 
forfeiture  of  the  contract  under  which  such  teacher  was 
employed.  (623)" 

In  all  districts  having  a  population  of  more  than  5000,  and  employing 
a  superintendent  whose  time  is  exclusively  devoted  to  the  supervision  of 
the  schools  therein,  the  schools  may  be  closed  or  not  at  the  option  of  the 
boards  of  education  in  such  districts.  (623) 

The  trustees  of  every  school  district  are  hereby  directed 
to  give  the  teachers  employed  by  them,  the  whole  of  the 
time  spent  by  them  in  attending  at  institutes  held  as  herein- 
before stated,  without  deducting  anything  from  the  wages 
of  such  teachers  for  the  time  so  spent.  All  teachers  under  a 
contract  to  teach  in  any  commissioner  district  must  attend 
such  institute  so  held  for  that  district,  and  will  receive  wages 
for  such  attendance  (623).  See  page  110. 

In  the  apportionment  of  public  school  money,  the  schools 
thus  closing  in  any  school  term  are  allowed  the  same  average 
attendance  during  such  time,  as  was  the  average  weekly 
aggregate  during  the  week  previous  to  such  institute.  (624) 
Any  school  continuing  its  sessions  in  violation  of  the  above  provision 
will  not  be  allowed  any  public  money  based  upon  the  aggregate  attendance 
for  the  period  during  which  the  institute  was  held.  Trustees  and  boards 
of  education  in  such  school  districts  and  parts  of  school  districts  must  re- 
port, in  their  annual  reports  to  the  school  commissioners,  the  number  of 
days  and  the  dates  thereof  on  which  a  teachers'  institute  was  held  in  their 
districts  during  the  school  year,  and  whether  schools  under  their  charge 
were  or  were  not  closed  during  such  days;  and  whenever  the  trustees'  re- 
port shows  a  district  school  has  been  supported  for  the  full  time  required  by 
law,  including  the  time  spent  by  the  teachers  in  their  employ  in  attendance 
upon  such  institute,  and  that  the  trustees  have  given  the  teachers  the  time 
of  such  absence,  and  have  not  deducted  anything  from  their  salary  on  ac- 
count thereof,  the  commissioner  of  education  may  include  the  district  in 
his  apportionment  of  the  state  school  moneys,  and  direct  that  it  be  in- 
cluded by  the  school  commissioners  in  their  appointment  of  school  moneys; 
provided,  that  such  school  district  be  in  all  other|respects  entitled  to  be 
included  in  such  apportionment.  (624) 

When  a  district  has  contractedTwith  another  dis- 
trict to  instruct  its  children  and  the  period  of  such 


District]  Apportionment  269 

contract  or  the  period  of  such  contract  together  with 
the  time  school  is  actually  taught  in  said  district  has 
amounted  to  at  least  160  days  and  the  contract  in- 
cludes all  the  children  of  school  age  in  said  district, 
the  district  is  entitled  to  receive  one  distributive 
district  quota.  (600) 

If  said  district  maintains  a  home  school  and  contracts 
for  a  part  only  of  the  children,  it  is  entitled  to  one  teacher's 
quota  in  addition  to  its  district  quota  for  not  less  than  12 
pupils  attending  under  such  contract;  but  in  no  instance 
may  any  school  district  receive  a  greater  apportionment 
than  the  total  expense  incurred  in  payment  of  tuition  and 
transportation  of  pupils  as  shown  by  the  report  of  the  trustee 
to  the  school  commissioner.  (600) 

The  commissioner  of  education  apportions  to  a  school  dis- 
trict which  has  failed  to  maintain  school  for  the  legal  term  or 
which  has  employed  an  extra  teacher  for  a  shorter  period  than 
the  law  requires  to  entitle  the  district  to  a  full  quota  such  a 
part  of  a  district  or  teacher's  quota  as  seems  to  him  equitable 
when  the  reason  for  such  failure  is  in  his  judgment  sufficient  to 
warrant  such  action,  paid  from  the  contingent  fund.  (451) 

Whenever  the  share  of  school  moneys  or  any  portion 
thereof,  apportioned  to  any  town  or  school  district, 
or  any  money  to  which  a  town  or  school  district  would 
have  been  entitled,  is  lost,  in  consequence  of  any  wil- 
ful neglect  of  official  duty  by  any  school  commissioner, 
town  clerk,  trustees  or  clerks  of  school  districts,  the 
officer  guilty  of  such  neglect  forfeits  to  the  town,  or 
school  district  so  losing  the  same,  the  full  amount  of 
such  loss  with  interest  thereon.  (505) 

All  errors  in  the  apportionment  whether  made  by  the 
commissioner  of  education  or  by  the  school  commissioner 
are  corrected  by  the  commissioner  of  education.  (451) 

Whenever  a  school  distiict  has  been  apportioned  less  money  than  that 
to  which  it  is  entitled  the  commissioner  of  education  may  allot  to  such 
district  the  balance  to  which  it  is  in  his  judgment  entitled  and  the  same  is 


270         Trustees :  Public  Moneys          [Part  I 

paid  from  the  contingent  fund.  Whenever  a  school  district  has  been  ap- 
portioned more  money  than  that  to  which  it  is  entitled  the  commissioner 
of  education  may,  by  an  order  under  his  hand,  direct  such  moneys  to  be 
paid  back  into  the  hands  of  the  county  treasurer  by  him  to  be  credited  to 
the  school  fund,  or  he  may  deduct  such  amount  from  the  next  apportion- 
ment to  be  made  to  said  district.  (451) 

He  apportions  to  each  separate  neighborhood  which  has 
duly  reported  such  fixed  sum  as  will  in  his  opinion  be  equit- 
ably equivalent  to  its  portion  of  all  the  state  school  moneys 
upon  the  basis  of  distribution  established;  such  sum  to  be 
payable  out  of  the  contingent  fund.  (451) 

As  soon  as  possible  after  the  making  of  any  annual 
or  general  apportionment,  the  commissioner  of  ed- 
ucation certifies  it  to  the  county  clerk,  county  treas- 
urer, school  commissioners  and  city  treasurer  or 
chamberlain,  in  every  county  in  the  state;  and  if  it 
be  a  supplemental  apportionment,  then  to  the  county 
clerk,  county  treasurer  and  school  commissioners  of 
the  county  in  which  the  school-house  of  the  district 
concerned  is  situate.  (456) 

At  least  one-half  of  the  moneys  so  annually  apportioned 
by  the  commissioner  of  education  is  payable  on  or  before 
the  succeeding  March  1  and  the  remaining  part  on  or  before 
May  15,  to  the  treasurers  of  the  several  counties  and  the 
chamberlain  of  the  city  of  New  York,  respectively;  and  the 
said  treasurers  and  the  chamberlain  are  to  apply  for  and 
receive  the  same  as  soon  as  payable.  (457) 

The  school  commissioner  or  commissioners  of  each 
county  proceed  at  the  county  seat  on  the  3d  Tuesday 
of  March,  in  each  year,  to  apportion  the  supervision, 
district,  and  teachers'  quotas  to  the  several  districts 
entitled  thereto  as  shown  by  the  certificate  of  the 
commissioner  of  education  to  the  school  commission- 
er. (458) 

They  procure  from  the  treasurer  of  the  county  a  transcript 
of  the  returns  of  the  supervisors  required,  showing  the  unex- 


District]        School  Commissioner  271 

pended  moneys  in  their  hands  applicable  to  the  payment  of 
teachers'  wages.  The  amounts  in  each  supervisor's  hands 
are  charged  as  a  partial  payment  of  the  sums  apportioned 
to  the  town  teachers'  wages.  (458) 

They  procure  from  the  county  treasurer  a  full  list  and 
statement  of  all  payments  to  him  of  moneys  for  and  on 
account  of  fines  and  panalties,  or  accruing  from  any  other 
source,  for  the  benefit  of  schools  and  of  the  towns  or  districts 
for  whose  benefit  the  same  were  received.  (458) 

Such  of  said  moneys  as  belong  to  a  particular  district,  they  set  apart  and 
credit  to  it;  and  such  as  belong  to  the  schools  of  a  town,  they  set  apart  and 
credit  to  the  schools  in  that  town,  and  apportion  them  together  with  such 
as  belong  to  the  schools  of  the  county  for  the  payment  of  teachers'  wages. 
(458) 

Whenever,  by  any  statute,  a  penalty  or  fine  is  imposed 
for  the  benefit  of  common  schools,  and  not  expressly  of  the 
common  schools  of  a  town  or  school  district,  it  is  taken  to  be 
for  the  benefit  of  the  common  schools  of  the  county  within 
which  the  conviction  is  had;  and  the  fine  or  penalty,  when 
paid  or  collected,  is  paid  forthwith  into  the  county  treasury, 
and  the  treasurer  credits  the  same  as  school  moneys  of  the 
county,  unless  the  county  comprise  a  city  having  a  special 
school  act,  in  which  case  he  reports  it  to  the  commissioner 
of  education,  who  apportions  it  upon  the  basis  of  population 
by  the  last  census,  between  the  city  and  the  residue  of  the 
county,  and  the  portion  belonging  to  the  city  is  paid  into  its 
treasury.  (500) 

Every  district  attorney  must  report,  annually,  to  the  board 
of  supervisors,  all  such  fines  and  penalties  imposed  in  any 
prosecution  conducted  by  him  during  the  previous  year;  and 
all  moneys  collected  or  received  by  him  or  by  the  sheriff,  or 
any  other  officer,  for  or  on  account  of  such  fines  or  penalties, 
must  be  immediately  paid  into  the  county  treasury,  and  the 
receipt  of  the  county  treasurer  shall  be  sufficient  and  the 
only  voucher  for  such  money.  (501) 

Whenever  a  fine  or  penalty  is  inflicted  or  imposed  for  the 
benefit  of  the  common  schools  of  a  town  or  school  district, 
the  magistrate,  constable  or  other  officer  collecting  or  receiving 


272         Trustees:  Public  Moneys          [Parti 

the  same  must  forthwith  pay  the  same  to  the  county  treasurer 
of  the  county  in  which  the  schoolhouse  is  located,  who  must 
credit  the  same  to  the  town  or  district  for  whose  benefit  it  is 
collected.  If  the  fine  or  penalty  be  inflicted  or  imposed  for 
the  benefit  of  the  common  schools  of  a  city  having  a  special 
school  act,  or  of  any  part  or  district  of  a  city,  it  must  be  paid 
into  the  city  treasury.  (502) 

Whenever  a  penalty  or  fine  is  imposed  upon  any  school  district  officer 
for  a  violation  or  omission  of  official  duty,  or  upon  any  person  for  any  act 
or  omission  within  a  school  district,  or  touching  property  or  the  peace  and 
good  order  of  the  district,  and  such  penalty  or  fine  is  declared  to  be  for 
the  use  or  benefit  of  the  common  schools  of  the  town  or  of  the  county,  and 
such  school  district  lies  in  two  or  more  towns  or  counties,  the  town  or  county 
intended  by  the  act  shall  be  taken  to  be  the  one  in  which  the  school-house, 
or  the  school-house  longest  owned  or  held  by  the  district,  is  at  the  time  of 
such  violation,  act  or  omission.  (503) 

Where  any  penalty  for  the  benefit  of  a  school  district,  or 
of  the  schools  of  any  school  district,  town,  school  commis- 
sioner district  or  county,  shall  be  incurred,  and  the  officer, 
whose  duty  it  is  by  law  to  sue  for  the  same,  shall  wilfully  and 
unreasonably  refuse  or  neglect  to  sue  for  the  same,  such 
officer  shall  forfeit  the  amount  of  such  penalty  to  the  same 
use,  and  it  shall  be  the  duty  of  his  successor  in  office  to  sue 
for  the  same.  (506) 

The  school  commissioners  sign,  in  duplicate,  a  cer- 
tificate, showing  the  amounts  apportioned  and  set 
apart  to  each  school  district  and  part  of  a  district, 
and  the  towns  in  which  they  were  situated,  and  forth- 
with deliver  one  of  said  duplicates  to  the  treasurer  of 
the  county  and  transmit  the  other  to  the  commission- 
er of  education.  (458) 

They  certify  to  the  supervisor  of  each  town  the  amount 
of  school  moneys  so  apportioned  to  his  town  for  teacher's 
wages,  to  each  such  distinct  district  and  part  of  a  district. 
(458) 

On  receiving  the  certificate  of  the  school  com- 
missioners, each  supervisor  makes  a  copy  thereof  for 


District]  Supervisor  273 

his  own  use,  and  deposits  the  original  in  the  office  of 
the  clerk  of  his  town;  and  the  moneys  so  apportioned 
are  paid  to  him  immediately.  (459,  483) 

The  comptroller  may  withhold  the  payment  of  any  moneys 
to  which  any  county  may  be  entitled  from  the  appropriation 
of  the  incomes  of  the  school  fund  and  the  United  States 
deposit  fund  for  the  support  of  common  schools,  until  satis- 
factory evidence  shall  be  furnished  to  him  that  all  moneys 
required  by  law  to  be  raised  by  taxation  upon  such  county, 
for  the  support  of  schools  throughout  the  state,  have  been 
collected  and  paid  or  accounted  for  to  the  state  treasurer. 
(460) 

Real  and  personal  estate  may  be  granted,  conveyed, 
devised,  bequeathed  and  given  in  trust  and  in  per- 
petuity or  otherwise,  to  the  state,  or  to  the  commis- 
sioner of  education  for  the  support  or  benefit  of  the 
common  schools,  within  the  state,  or  within  any  part 
or  portion  of  it,  or  of  any  particular  common  schools 
within  it;  and  to  any  county,  or  the  school  commis- 
sioners of  any  county,  or  to  any  city  or  any  board 
of  officers  thereof,  or  to  any  school  commissioner  dis- 
trict or  its  commissioner,  or  to  any  town,  or  super- 
visor of  a  town,  or  to  any  school  district  or  its  trus- 
tees, for  the  support  and  benefit  of  common  schools 
within  such  county,  city,  school  commissioner  dis- 
trict, town  or  school  district,  or  within  any  part  or 
portion  thereof  respectively,  or  for  the  support  and 
benefit  of  any  particular  common  schools  therein. 
(480) 

No  such  grant,  conveyance,  devise  or  bequest  will  be  held 
void  for  the  want  of  a  name  of  competent  trustee  or  donee, 
but  where  no  trustee  or  donee,  or  an  incompetent  one  is  named 
the  title  and  trust  vests  in  the  people  of  the  state,  subject 


274         Trustees :  Public  Moneys          [Part  I 

to  its  acceptance  by  the  legislature,  but  such  acceptance 
shall  be  presumed.  (480) 

The  legislature  may  control  and  regulate  the  execution  of 
all  such  trusts ;  and  the  commissioner  of  education  will  super- 
vise and  advise  the  trustees,  and  hold  them  to  a  regular 
accounting  for  the  trust  property  and  its  income  and  interest 
at  such  times,  in  such  forms,  and  with  such  authentications, 
as  he  may  from  time  to  time  prescribe.  (481) 

The  common  council  of  every  city,  the  board  of  supervisors 
of  every  county,  the  trustees  of  every  village,  the  supervisor 
of  every  town,  the  trustees  of  every  school  district,  and 
every  other  officer  or  person  who  may  be  thereto  required 
by  the  commissioner  of  education  must  report  to  him  whether 
any,  and  if  any,  what  trusts  are  held  by  them  respectively, 
or  by  any  other  body,  officer  or  person  to  their  information 
or  belief  for  school  purposes,  and  transmit,  therewith,  an 
authenticated  copy  of  every  will,  conveyance,  instrument 
or  paper  embodying  or  creating  the  trust ;  and,  in  like  manner, 
forthwith  report  to  him  the  creation  and  terms  of  every  such 
trust  subsequently  created.  (482) 

Every  supervisor  of  a  town  must  report  to  the 
commissioner  of  education  whether  there  be,  within 
the  town,  any  gospel  or  school  lot,  and,  if  any,  describe 
the  same,  and  state  to  what  use,  if  any,  it  is  put  by 
the  town;  and  whether  it  be  leased,  and,  if  so,  to  whom, 
for  what  term  and  upon  what  rents;  and  whether 
the  town  holds  or  is  entitled  to  any  land,  moneys  or 
securities  arising  from  any  sale  of  such  gospel  or  school 
lot,  and  the  investment  of  the  proceeds  thereof,  or  of 
the  rents  and  income  of  such  lots  and  investments, 
and  report  a  full  statement  and  account  of  such  lands, 
moneys  and  securities.  (483) 

It  is  lawful  for  the  supervisor  of  any  town  having  money 
arising  from  the  sale  of  gospel  lands,  and  known  as  gospel 


District]         Gospel  and  School  Lots          275 

funds,  to  apportion  such  among  the  several  school  districts 
of  his  respective  town  as  hereinafter  provided.  (484) 

Any  town  having  a  gospel  fund  of  $500  or  less  may  appor- 
tion such  fund  with  the  consent  and  approval  of  a  majority 
of  the  town  board  of  such  town.  Any  town  having  a  gospel 
fund  of  more  than  $500  may  apportion  such  fund  in  like 
manner  by  a  vote  at  any  annual  or  special  town  meeting.  (485) 

Where  such  apportionment  is  made,  the  supervisor  must 
pay  to  the  trustees  of  the  several  school  districts  of  his  town 
its  pro  rata  share  according  to  the  aggregate  school  attend- 
ance of  each  school  district  in  the  preceeding  year.  (486) 

The  trustees  of  such  school  district  must  execute  and  file 
with  the  supervisor  of  such  town  a  bond  of  twice  the  amount 
of  such  apportionment,  with  sufficient  sureties,  to  be  approved 
by  such  supervisor.  (487) 

Such  trustees,  upon  the  receipt  of  such  money,  must  apply 
the  same  for  such  purpose  as  the  school  district  in  annual  or 
special  meeting  may  decide.  (488) 


CHAPTER  XXII 
Trustees :  Miscellaneous 

17.  To  provide  for  building  fires  and  cleaning  the 
school-rooms,  and  for  janitor  work  generally  in  and 
about  the  school-houses,  and  pay  for  such  service  such 
reasonable  sum  as  may  be  agreed  upon  therefor.     (196) 

18.  To  provide  the  bound  blank-books  for  the  enter- 
ing of  their  accounts  and  the  keeping  of  the  school-lists, 
the  records  of  the  district  and  the  proceedings  of  district 
and  trustee  meetings. 

19.  To  procure  a  bound  blank  book  for  the  district  and, 
when  necessary,  another  in  its  place.    In  it,  at  or  before 
each   annual   district    meeting,    to    enter  at  large  and 
sign   a  statement   of  all   movable  property   belonging 
to  the  district,  and  their  accounts  of  all  moneys  received 
or  drawn   by   them,   and   to  deliver  this  book  to  their 
successors.     (197) 

15.  To  keep  each  of  the  school-houses  under  their 
charge,  and  its  furniture,  school  apparatus  and  apur- 
tenances,  in  necessary  and  proper  repair,  and  make 
the  same  reasonably  comfortable  for  use,  but  not  at  an 
expense  exceeding  $50  in  any  one  year,  except  by  a 
vote  of  the  district.     (196) 

They  may  be  required  by  the  school  commissioner 
to  alter,  repair,  or  add  to  furniture  to  the  extent  of 
$100  in  any  one  year.  (313) 

16.  To  make  any  repairs  and  abate  any  nuisances, 
pursuant  to  the  direction  of  the  school  commissioner, 
and  to  provide  fuel,  stoves  or  other  heating^jipparatus, 

(376) 


District]  Issuing  Bonds  277 

pails,  brooms  and  other  implements  necessary  to  keep 
ths  school-houses  and  the  school-rooms  clean,  and  make 
them  reasonably  comfortable  for  use,  when  no  provision 
has  been  made  therefor  by  a  vote  of  the  district,  or  the 
sum  voted  by  the  district  for  said  purposes  proves  in- 
sufficient. (196) 

They  may  be  required  by  the  school  commissioner 
to  make  alterations  or  repairs  on  schoolhouse  or  out- 
buildings to  the  extent  of  $200  in  any  one  year,  and 
to  abate  any  nuisance  when  it  can  be  done  at  an  ex- 
pense not  exceeding  $25.  (313) 

20.  Whenever  a  tax  has  been  voted  to  be  collected 
in  instalments  the  trustees  are  authorized  to  borrow 
so  much  of  the  sum  voted  as  may  be  necessary  at  a  rate 
of  interest  not  exceeding  6%  and  to  issue  bonds  or  other 
evidences  of  indebtedness  therefor,  which  become  a  charge 
upon  the  district  to  extend  not  beyond  20  years,  and  to 
be  paid  at  maturity,  and  which  shall  not  be  sold  below 
par.  (430) 

Notice  of  the  time  and  place  of  the  sale  of  such  bonds  must 
be  given  by  the  trustees  or  board  of  education  at  least  10 
days  prior  thereto  by  publication  twice  in  two  newspapers, 
if  there  be  two,  or  in  one  newspaper  if  there  be  but  one 
published  in  such  district.  But  if  no  newspaper  shall  then 
be  published  therein,  the  said  notice  shall  be  posted  in  at 
least  10  of  the  most  public  places  in  said  district  10  days 
before  the  sale.  (430) 

It  is  the  duty  of  the  trustees  or  the  persons  having  charge 
of  the  issue  or  payment  of  such  indebtedness,  to  transmit  a 
statement  thereof  to  the  clerk  of  the  board  of  supervisors  of 
the  county  in  which  such  indebtedness  is  created,  annually, 
on  or  before  Nov.  1.  (430) 


278  Trustees :  Miscellaneous         [Part  I 

21.  To  expend  in  the  purchase  of  dictionary,  books, 
maps,  globes  or  other  school  apparatus,  a  sum  not  ex- 
ceeding $25  in  any  one  year.  (196;  229) 

An  annual  allowance  for  approved  books,  geographi- 
cal maps,  and  a  globe  is  made  to  each  district  of 
$18  and  $2  for  each  qualified  teacher,  making  the 
minimum  appropriation  to  each  district  $20.  (453) 

But  this  is  allowed  only  when  the  district  supplies 
an  equal  amount  for  the  purpose. 

Charts  may  not  be  purchased  under  this  provision.  They 
are  not  school  furniture.  (46  N  E  832) 

Books  are  not  to  be  regarded  as  school  apparatus.  (57 
Am  St  847,  17  Ind  A  375) 

It  is  a  misdemeanor  for  any  employee,  agent  or 
representative  of  a  firm,  company  or  corporation  en- 
gaged in  selling,  publishing  or  manufacturing  papers, 
periodicals,  books,  maps,  charts,  school  supplies,  ap- 
paratus or  furniture,  or  any  other  person  engaged  or 
employed  in  such  business  to  falsely  represent  to  a 
board  of  trustees  or  board  of  education  of  a  school 
district  or  to  a  teacher  employed  in  a  public  school  in 
this  state  or  to  a  superintendent  of  schools  or  other 
school  officer  that  he  is  an  agent,  employee,  or  rep- 
resentative of  the  commissioner  of  education,  the 
state  education  department,  the  regents  of  the  uni- 
versity of  the  state  of  New  York,  or  of  any  other 
school  officer.  (504) 

Trustees  have  been  regarded  as  easy  prey  by  itinerant 
agents,  who  secure  signatures  to  orders  and  disappear. 
They  should  be  careful  to  deal  only  with  responsible  firms  or 
their  known  representatives. 


District]  Maps  and  Globes  279 

22.  To  establish  temporary  or  branch  schools  when- 
ever it  is  necessary  for   the  due   accommodation   of  the 
children  of  the  district.     (196) 

This  may  be  by  reason  of  any  considerable  number  of  child- 
ren residing  in  portions  of  the  district  remote  from  the  school- 
house,  thereby  rendering  it  difficult  for  them  in  inclement 
weather  in  winter  to  attend  school  at  such  school-house,  or 
by  reason  of  the  room  or  rooms  in  said  school-house  being 
overcrowded,  or  because  for  any  other  sufficient  reason  the 
due  accommodation  of  such  children  can  not  be  made  in 
said  school-house.  Such  schools  must  be  opened  in  such 
places  as  will  best  accommodate  such  children.  They  may 
hire  any  rooms  for  the  keeping  of  said  temporary  or  branch 
schools,  and  fit  up  and  furnish  said  rooms  in  a  suitable 
manner  for  conducting  such  schools  therein.  Any  expendi- 
ture made  or  liability  incurred  in  pursuance  of  this  section 
is  a  charge  upon  the  district.  (196;  186  111  331) 

23.  To  take  a  census  on  Aug.  30  of  all  children  in 
the  district  between  the  ages  of  5  and  18,  with  their  resi- 
dences and  employments.     (1002) 

24.  To   purchase    a     United    States    flag,   flag-staff 
and  the  necessary  appliances  therefor,  and  to  display 
such  flag  upon  or  near  the  public  school  building  during 
school  hours,  and  at  such  other  times  as  such  school 
authorities  may  direct,  establishing  rules  and  regulations 
for  its  proper  custody,  care  and  display,  and  when  the 
weather  will  not  permit  it  to  be  otherwise  displayed, 
causing  it  to  be  placed  conspicuously  in  the  principal 
room  in  the  school-house.     (700-1) 

The  commissioner  of  education  prepares  for  the  use  of 
the  public  schools  of  the  state,  a  programme  providing  for 
a  salute  to  the  flag  at  the  opening  of  each  day  of  school  and 
such  other  patriotic  exercises  as  may  be  deemed  by  him  to  be 
expedient,  under  such  regulations  and  instructions  as  may 
best  meet  the  varied  requirements  of  the  different  grades 


280          Trustees :  Miscellaneous          [Part  I 

in  such  schools.  He  aslo  makesrspecial  provision  for  the 
observation  in  such  public  schools  of  Lincoln's  birthday, 
Washington's  birthday,  Memorial  day  and  Flag  day,  and 
such  other  legal  holidays  of  like  character  as  may  be  hereafter 
designated  by  law,  but  nothing  herein  contained  must  be 
construed  to  authorize  military  instruction  or  drill  in  the 
public  schools  during  school  hours.  (702,  3) 

The  principal  or  superintendent  of  any  public 
school  or  any  person  designated  for  that  purpose  by 
the  board  of  education  or  other  school  authority, 
once  a  week,  or  from  time  to  time,  small  amounts  of 
savings  from  the  pupils  of  said  school,  the  same  to  be 
deposited  by  said  principal  or  superintendent  or  des- 
ignated person  on  the  day  of  collection  in  some  savings 
bank  in  the  state  or,  in  villages  and  cities  in  which 
there  is  no  regularly  established  savings  bank,  in  any 
savings  and  loan  association,  trust  company,  state  or 
national  bank,  located  in  the  state  and  having  an  in- 
terest department.  (497:1909) 

The  moneys  shall  be  placed  to  the  credit  of  the  respective 
pupils  from  whom  the  money  shall  be  collected,  or  if  the 
amount  collected  at  any  one  time  shall  be  deemed  insufficient 
for  the  opening  of  individual  accounts,  in  the  names  of  said 
principal  or  superintendent  or  designated  person,  in  trust, 
and  to  be  by  him  eventually  transferred  to  the  credit  of  the 
respective  pupils  to  whom  the  same  belongs.  In  the  mean- 
time, said  principal  or  superintendent  or  designated  person 
must  furnish  to  the  bank  a  list  giving  the  names,  signatures, 
addresses,  ages,  places  of  birth,  parents'  names  and  such  other 
data  concerning  the  respective  pupils  as  the  savings  bank 
may  require,  and  it  shall  be  lawful  to  use  the  words  "system 
of  school  savings  banks"  or  "school  savings  banks"  in  circu- 
lars, reports  and  other  printed  or  written  matter  used  in 
connection  with  the  purposes  of  this  section.  (497:1909) 


District]  Reports  281 

25.  To  fill  any  vacancy  in  the  office  of  clerk,  collector 
or  treasurer,  by  appointment.     (149,  151) 

The  appointees  hold  their  respective  offices  until  the  next 
annual  meeting  of  the  district,  and  until  others  are  elected 
and  take  their  places.  (149,  151) 

26.  To  make  Aug.   1  to  the  school  commissioner  a 
report  in  writing  for  the  year  ending  on  July  31.     (198) 

In  every  case  the  trustees  must  sign  and  certify  to 
said  report  and  deliver  it  to  the  clerk  of  the  town  in 
which  the  school-house  of  the  district  is  situated; 
and  every  such  report  must  certify: 

a.  The  whole  time  any  school  has  been  kept  in  their  dis- 
trict during  the  year  ending  on  the  day  previous  to  the  date 
of  such  report,  distinguishing  what  portion  of  the  time  such 
school  has  been  kept  by  qualified  teachers,  and  the  whole 
number  of  days,  including  holidays,  in  which  the  school  was 
taught  by  qualified  teachers.  (198) 

6.  The  amount  of  their  drafts  upon  the  supervisor,  collec- 
tor, or  treasurer  for  the  payment  of  teachers'  wages  during 
such  year,  and  the  amount  of  their  drafts  upon  him  for  the 
purchase  of  books  and  school  apparatus  during  each  year, 
and  the  manner  in  which  such  moneys  have  been  expended. 
(198) 

c.  The  number  of  children  taught  in  the  district  school 
during  such  year  by  qualified  teachers,  and  the  sum  of  the 
days'  attendance  of  all  such  children  upon  the  school.     (198) 

d.  The  number  of  children  residing  in  their  district,  over 
5  and  under    18  years  of  age  who  were  on  June  30  actually 
in  the  district,  comprising  a  part  of  the  family  of  their  par- 
ents or  guardians  or  employers.      (198) 

e.  The  number  of  vaccinated  and  un vaccinated  children  of 
school  age  in  their  respective  districts.     (198.  See  page  174.) 

/.  The  amount  of  money  paid  for  teachers'  wages,  in  ad- 
dition to  the  public  money  paid  therefor,  the  amount  of 
taxes  levied  in  said  district  for  purchasing  school-house  sites, 


282          Trustees:  Miscellaneous          [Parti 

for  building,  hiring,  purchasing,  repairing  and  insuring 
school-houses,  for  fuel,  for  school  libraries,  or  for  any  other 
purpose  allowed  by  law,  and  such  other  information  in  re- 
lation to  the  schools  and  the  district  as  the  commissioner  of 
education  may,  from  time  to  time,  require.  (198) 

Where  a  school  district  lies  in  two  or  more  counties,  its  trustees  make 
such  an  annual  report  for  each  part  of  it  lying  in  a  different  county,  and 
file  each  in  the  office  of  the  clerk  of  the  town  in  which  the  part  of  the  dis- 
trict to  which  it  especially  relates  lies;  and  such  report  must  be  in  the  form 
and  contain  all  such  special  matters  as  the  commissioner  of  education  from 
time  to  time  prescribes.  (199) 

27.  To  render  once  in  each  year  to  the  district,  at 
its  annual  meeting,  a  just,  full  and  true  account  in 
writing,  under  their  hands,  of  all  moneys  received  by 
them  respectively  for  the  use  of  the  district,  or  raised 
or  collected  by  taxes,  the  preceding  year,  and  of  the  man- 
ner in  which  the  same  has  been  expended.  (200,  241, 
341) 

This  must  show  to  which  of  them  an  unexpended  balance, 
or  any  part  thereof,  is  chargeable;  and  all  drafts  or  orders 
made  by  them  upon  the  supervisor,  collector,  treasurer  or 
other  custodian  of  moneys  of  the  district ;  and  a  full  statement 
of  all  appeals,  actions  or  suits  and  proceedings  brought  by 
or  against  them,  and  of  every  special  matter  touching  the 
condition  of  the  district.  (200) 

By  a  wilful  neglect  or  refusal  to  render  such  account,  a 
trustee  forfeits  any  unexpired  term  of  his  office,  and  becomes 
liable  to  the  trustees  for  any  district  moneys  in  his  hands. 
(201) 

A  person  who,  wilfully  and  unlawfully  removes,  mutilates, 
destroys,  conceals,  or  obliterates  a  record,  map,  book,  paper, 
document,  or  other  thing,  filed  or  deposited  in  a  public  office 
or  with  any  public  officer  by  authority  of  law,  is  punishable 
by  imprisonment  for  not  more  than  5  years,  or  by  a  fine  of 
not  more  than  $500,  or  by  both.  (88:  1909,  Sec.  2050) 

A  person  who,  with  intent  to  defraud  or  to  conceal  any 


District] 


Reports 


283 


larceny  or  misappropriation  by  any  person  of  any  money  or 
property : 

1.  Alters,  erases,  obliterates,  or  destroys  an  account,  book 
of  accounts,  record,  or  writing,  belonging  to,  or  appertaining 
to  the  business  of,  a  corporation,  association,  public  office  or 
officer,  partnership,  or  individual,  or, 

2.  Makes  a  false  entry  in  any  such  account  or  book  of  ac- 
counts; or, 

3.  Wilfully  omits  to  make  true  entry  of  any  material  par- 
ticular in  any  such  account  or  book  of  accounts,  made,  writ- 
ten, or  kept  by  him  or  under  his  direction, 

Is  guilty  of  forgery  in  the  third  degree.  (88:  1909,  Sec. 
889) 

An  outgoing  trustee  must  forthwith  pay,  to  his  successor 
or  any  other  trustees  of  the  district  in  office,  all  unexpended 
moneys  in  his  hands  belonging  to  the  district.  (202) 

The  trustees  in  office  must  sue  for  and  recover  any  district 
moneys  in  the  hands  of  any  former  trustee,  or  of  his  personal 
representatives,  and  apply  them  to  the  use  of  the  district. 
(203) 

If  any  portion  of  the  moneys  apportioned  to  the  district 
shall  not  be  paid  by  the  supervisor,  the  collector  or  treas- 
urer, upon  the  due  requirement  of  the  trustees,  they  shall 
forthwith  notify  the  treasurer  of  the  county  and  the  com- 
missioner of  education  of  the  fact.  (204.) 

A  public  officer,  or  deputy,  or  clerk  of  any  such  officer,  and 
any  other  person  receiving  money  on  behalf  of,  or  for  account 
of  the  people  of  this  state,  or  of  any  department  of  the  gov- 
ernment of  this  state,  or  of  any  bureau  or  fund  created  by 
law,  and  in  which  the  people  of  this  state  are  directly  or  in- 
directly interested,  or  on  account  of  any  city,  county,  village 
or  town,  who 

1.  Appropriates  to  his  own  use,  or  to  the  use  of  any  person 
not  entitled  thereto,  without  authority  of  law,  any  money 
so  received  by  him  as  such  officer,  clerk  or  deputy,  or  other- 
wise, or, 

2.  Knowingly  keeps  any  false  account,  or  makes  any  false 


284  Trustees :  Miscellaneous       [Part  I 

entry  or  erasure  in  any  account  of,  or  relating  to,  any  money 
so  received  by  him,  or 

3.  Fraudulently  alters,  falsifies,  conceals,  destroys  or  ob- 
literates any  such  account;  or, 

4.  Wilfully  omits  or  refuses  to  pay  over  to  the  people  of 
this  state  or  their  offices  or  agent  authorized  by  law  to  re- 
ceive the  same,  or  to  such  city,  village,  county  or  town,  or 
the  proper  officer  or  authority  empowered  to  demand  and 
receive  the  same,  any  money  received  by  him  as  such  officer, 
when  it  is  his  duty  imposed  by  law  to  pay  over,  or  account 
for,  the  same, 

Is  guilty  of  a  felony.  (88:  1909,  Sec.  1865) 
Any  such  officer  or  other  person  who  wilfully  disobeys  any 
provision  of  law  regulating  his  official  conduct,  in  cases  other 
than  those  thus  specified  is  guilty  of  a  misdemeanor,  punish- 
able by  a  fine  not  exceeding  $1000,  or  imprisonment  not  ex- 
ceeding 2  years,  or  both.  (88:  1909,  Sec.  1866) 

When  trustees  are  required  or  authorized  by  law,  or  by  a 
vote  of  their  district,  to  incur  any  expenses  for  such  district, 
and  when  any  expenses  incurred  by  them  are  made,  by  ex- 
press provision  of  law,  a  charge  upon  such  district,  they  may 
raise  the  amount  thereof  by  tax  in  the  same  manner  as  if  the 
definite  sum  to  be  raised  had  been  voted  by  a  district  meet- 
ing. (205) 

Whenever  the  trustees  of  any  school  district,  or  any 
school  district  officers,  are  instructed  by  a  resolution 
of  the  district,  at  a  meeting  called  for  that  purpose, 
to  defend  any  action  brought  against  them,  or  to 
bring  or  defend  an  action  or  proceeding  touching  any 
district  property  or  claim  of  the  district,  or  involving 
its  rights  or  interests,  or  to  continue  any  such  action 
or  defence,  all  their  costs  and  reasonable  expenses, 
as  well  as  all  costs  and  damages  adjudged  against 
them,  are  a  district  charge  and  must  be  levied  by 
tax.  (508) 


District] 


Legal   Proceedings 


285 


Whenever  such  trustees  or  any  school  district  officer 
has  brought  or  defended  any  such  action  or  proceed- 
ing, without  any  such  resolution  of  the  district  meet- 
ing, and  after  the  final  determination  of  such  suit  or 
proceeding,  presents  to  any  regular  meeting  of  the 
inhabitants  of  the  district,  an  account,  in  writing,  of 
all  costs,  charges  and  expenses  paid  by  him  or  them 
with  the  items  thereof,  and  verified  by  his  or  their 
oath  or  affirmation,  and  a  majority  of  the  voters  at 
such  meeting  so  direct,  it  is  the  duty  of  the  trustees 
to  cause  the  same  to  be  assessed  upon  and  collected  of 
the  taxable  property  of  said  district,  in  the  same 
manner  as  other  taxes  are  by  law  assessed  and  col- 
lected; and,  when  so  collected,  the  same  must  be  paid 
over,  by  an  order  upon  the  collector  or  treasurer  to 
the  officers  entitled  to  receive  the  same;  but  this  pro- 
vision does  not  extend  to  suits  for  penalties,  nor  to 
suits  or  proceedings  to  enforce  the  decisions  of  the 
commissioner  of  education.  If  a  majority  refuse, 
the  officer  may  appeal  to  the  county  judge.  (509-12) 

In  any  action  against  school  officers,  including  supervisors 
of  towns,  in  respect  to  their  duties  and  powers  under  this 
chapter,  for  any  act  performed  by  virtue  of  or  under  the 
color  of  their  offices,  or  for  any  refusal  or  omission  to  perform 
any  duty  enjoined  by  law,  and  which  might  have  been  the 
subject  of  an  appeal  to  the  commissioner  of  education,  no 
costs  shall  be  allowed  to  the  plaintiff,  in  cases  where  the  court 
shall  certify  that  it  appeared  on  the  trial  that  the  defendants 
acted  in  good  faith.  But  this  provision  shall  not  extend  to 
suits  for  penalties,  nor  to  suits  or  proceedings  to  enforce  the 
decisions  of  the  commissioner.  (507) 

If  the  amount  claimed  by  them  be  disputed  by  a  district 
meeting,  it  must  be  adjusted  by  the  county  judge  of  any 


286          Trustees:  Miscellaneous          [Parti 

county  in  which  the  district  or  any  part  of  it  is  situated. 
(508) 

An  action  or  special  proceeding  may  be  maintained,  by 
the  trustee  or  trustees  of  a  school  district,  upon  a  contract, 
lawfully  made  with  those  officers  or  their  predecessors,  in 
their  official  capacity ;  to  enforce  a  liability  created,  or  a  duty 
enjoined,  by  law,  upon  those  officers,  or  the  body  represented 
by  them ;  to  recover  a  penalty  or  a  forfeiture,  given  to  those 
officers,  or  the  body  represented  by  them ;  or  to  recover  dam- 
ages for  an  injury  to  the  property  or  rights  of  those  officers 
or  the  body  represented  by  them;  although  the  cause  of  ac- 
tion accrued  before  the  commencement  of  their  term  of  office. 
(302:  1897) 

An  action  or  special  proceeding  may  be  maintained  against 
trustees,  upon  any  cause  of  action  which  accrues  against 
them,  or  has  accrued  against  their  predecessors,  or  upon  a 
contract  made  by  their  predecessors  in  their  official  capacity, 
and  within  the  scope  of  their  authority.  (302:  1897) 

An  execution  may  be  issued  upon  a  judgment  for  a  sum 
of  money  against  the  trustee  or  trustees  of  a  school  district, 
and  such  execution  may  be  issued  against  and  be  collected 
out  of  the  property  of  such  officers.  (302:  1897;  sec  96, 
404,  508,  509) 

Trustees  have  power  to  control  an  action  in  behalf  of  the 
district  in  the  same  manner  as  an  individual.  (99  Pac  620) 


CHAPTER   XXIII 
Teachers'  Certificates 

The   following  regulations  were   adopted   by  the 
board  of  regents,  June  17,  1909. 
Certificates  Valid  in  School  Commissioner  Districts 

This  summary  of  the  different  kinds  of  certificates  granted 
shows  how  complicated  is  our  system  of  licenses.  Few  school 
officers  understand  the  scope  of  the  different  forms  of'  cer- 
tificates, so  that  this  list  as  arranged  should  be  studied  care- 
fully. 

For  school  districts  maintaining  academic  depart- 
ments . 

a  college  graduate  life 

b  college  graduate  limited 

c  college  professional  life 

d  college  professional  provisional 

These  four  forms  of  college  graduate  certificates  are  ex- 
plained on  page  309.  College  graduates  should  be  sure  they 
understand  the  requirements. 

e  state  life 
/  state  limited 
g  normal  diploma 
h  temporary  normal  certificate 
i  special  certificate 
J    first  grade  certificate 
k  training  school  certificate 

/  training  class  certificate  (issued  previous  to 
August  1,  1906) 

(287) 


288 


Teachers'  Certificates 


[Part  I 


This  distinction  in  training  class  certificates  is  important. 
Many  holders  of  these  certificates  are  taking  the  examina- 
tions continued  until  Aug.,  1910,  to  transpose  them  into  first 
grade  certificates,  one  of  our  most  valuable  forms  of  license. 

m  in  primary  and  grammar  grades — training  class 
certificate  issued  subsequent  to  August  1,  1906,  the 
holder  of  which  entered  training  class  on  academic 
diploma  and  in  addition  has  had  3  years'  successful 
experience  in  teaching. 

n  temporary  license 

For  all  other  school  districts 

a  all  certificates  enumerated  above 

b  rural  renewal  certificate 

c  training  class  (issued  subsequent  to  August  1, 
1906) 

d  academic  certificate 

e  elementary  certificate 

It  will  be  observed  that  the  entrance  to  teaching  in  rural 
schools  is  now  on  more  liberal  terms  than  ever  before,  but  it 
will  be  seen  later  that  to  continue  to  teach,  there  must  be 
study  and  progress. 

Certificates  Valid  in  Cities 
Primary  and  grammar  grades 

It  is  perhaps  an  anomaly  that  the  requirements  for  pri- 
mary and  grammar  grades  are  more  severe  than  for  high 
schools.  The  mere  fact  that  one  is  a  college  graduate  makes 
him  eligible  for  a  high  school,  while  for  a  city  grammar  school 
there  must  be  also  professional  training  or  experience.  But 
few  college  graduates  seek  places  in  the  grades,  and  these 
few  will  do  so  much  better  work  to  have  had  professional 
training  that  the  requirement  is  for  their  interest  as  well  as 
for  that  of  the  school. 


District]  Where  Valid  289 

a  college  grad  uate  life 

b  college  professional  life 

c  college  professional  provisional 

d  state  life 

e  state  limited 

/  normal  diploma 

g  temporary  normal  certificate 

h  special  certificate 

i   first  grade  certificate 

/   tr  aining  school  certificate 

k  Graining  class  (issued  previous  to  August  1,  1906) 

/  training  class  certificate  issued  subsequent  to 
August  1,  1906,  the  holder  of  which  entered  training 
class  on  academic  diploma  and  in  addition  has  had  3 
years  successful  experience  in  teaching. 

m  temporary  license 

High  schools 

a  all  certificates  enumerated  above 

b  college  graduate  limited 

(These  regulations  apply  to  all  cities  in  the  state 
except  Albany,  Buffalo,  Jamestown  and  New  York. 
In  these  cities  certificates  are  issued  under  rules 
prescribed  by  the  local  authorities,  but  the  require- 
ments as  to  minimum  requirements  in  primary  and 
grammar  grades  must  be  satisfied.) 

These  four  cities  are  the  only  ones  that  have  not  given  up 
their  rights  under  their  charters  to  grant  local  certificates. 
They  must,  however,  satisfy  the  conditions  of  above  for  the 
primary  and  grammar  grades. 

General  Rules 

All  certificates  issued  for  a  limited  period  are  so 
written  as  to  expire  on  July  31. 


290  Teachers'  Certificates  [Part  I 

This  prevents  the  expiration  of  a  certificate  during  the 
school  year,  and  enables  contracts  to  be  made  for  the  entire 
school  year.  Under  the  old  rules  elementary  and  academic 
certificates  were  issued  Jan.  1  and  Aug.  1. 

b  When  conditions  require  it,  a  certificate  may  be 
issued  upon  some  other  date  than  August  1.  But  when 
a  certificate  is  issued  on  such  other  date,  it  must  be 
issued  for  the  remaining  period  for  which  it 
would  have  been  valid  had  it  been  issued  on  August  1 
pre  ceding  the  date  on  which  it  was  issued. 

c  The  principle  stated  in  a  and  b  is  applied  to  the 
renewal  and  the  extension  of  all  certificates . 

d  No  substitutions  are  allowed  for  any  subject 
required  for  any  certificate  other  than  the  elementary 
and  the  first  grade.  For  these  two  certificates,  sub- 
stitutions may  be  allowed  as  follows : 

(1)  Advanced  arithmetic  for  arithmetic 

(2)  Physical  geography  for  geography 

(3)  2d,  3d,  or  4th  year  English  or  English  three 
years  for  1st  year  English. 

(!)  American  history  with  civics  for  both  elementa- 
ry U.  S.  history  and  civics. 

(5)  Intermediate  or  advanced  algebra  for  algebra 

(6)  Biology  for  physiology  and  hygiene 

(7)  Advanced  drawing  general  for  drawing 

(8)  Psychology  for  history  of  education 

The  reason  these  substitutions  are  allowed  is  because  some 
teachers  have  already  prepared  themselves  in  the  subjects 
substituted  under  the  old  requirements. 

e  School  commissioners  and  city  superintendents 
may  in  their  discretion  exact  a  higher  standing  in 
examinations  and  give  supplementary  examinations 


District]  General  Rules  291 

in  the  subjects  required  for  a  certificate  of  any  grade 
they  issue.  They  may  also  for  sufficient  reasons 
refuse  to  issue  any  certificate  even  though  the  educa- 
tional requirements  have  been  fully  met. 

It  will  be  noticed  that  this  permission  is  limited  to  the  cer- 
tificates they  issue.  It  does  not  apply  to  the  state  certificates 
issued  by  the  commissioner  of  education,  which  are  a  license 
to  teach  in  any  school  in  the  state. 

Illinois  permits  boards  of  education  to  hold  a  supplementary  examina- 
tion. (31  111  A  386) 

This  provision  has  been  affirmed  in  the  court  of  appeals. 
The  action  was  brought  by  George  Stinson,  who  claimed 
$13,284  salary  due  him  for  service  in  the  New  York  city  pub- 
lic schools  from  March  12,  1890,  to  March  12,  1898.  He  had 
received  on  July  16,  1883,  a  certificate  from  the  state  super- 
intendent of  public  instruction,  and  after  examination  by 
the  local  authorities  a  license  to  teach  in  the  grammar  schools 
granted  by  Sup't  Jasper,  limited  in  duration  to  6  months. 
At  the  expiration  of  this  term  the  license  was  renewed  for 
periods  of  6  months,  but  on  March  12,  1890,  the  board  of 
education  declined  to  renew  the  license  and  the  principal  of 
the  school  physically  prevented  him  from  continuing  his  work. 
He  appealed  to  the  state  superintendent,  who  decided  that 
the  refusal  of  the  local  board  to  comply  was  illegal,  the  state 
certificate  being  a  sufficient  qualification.  Mr.  Stinson  then 
applied  to  the  supreme  court  for  a  mandamus,  which  was 
denied  on  the  ground  that  there  was  no  compulson  used  to 
force  Stinson  to  accept  a  license,  and  that  he  voluntarily 
chose  to  serve  under  the  terms  proffered,  thus  making  a 
voluntary  contract  with  the  board  of  education,  the  benefi- 
cial part  of  which  he  accepted,  but  desired  to  reject  that 
part  of  the  contract  which  definitely  terminated  his  employ- 
ment. He  then  carried  the  case  to  the  court  of  appeals, 
which  ruled  against  him,  but  suggested  that  if  he  had  a 
remedy  it  was  by  an  action  for  salary,  which  would  test  the 
question. 

In  the  action  so  brought  the  court  of  appeals  ruled  as 


292  Teachers'  Certificates  [Part  I 

follows:  "His  provisional  certificate  had  expired  before  he 
was  employed.  The  appellate  division,  in  reversing  upon  the 
facts,  is  presumed  to  have  held  upon  the  conflicting  evidence 
that  it  was  not  renewed.  If  it  had  been  renewed  the  only 
effect  that  could  be  given  to  it,  in  view  of  his  having  a  state 
certificate,  would  be  to  support  the  inference  that  he  con- 
tracted for  employment  with  reference  to  its  limited  term. 
This  inference  is  not  here  permissible. 

"The  plaintiff's  employment  was  subject  to  no  other  limit 
of  time  than  the  power  of  removal  for  cause,  vested  in  the 
defendent  and  its  officers,  and  the  power  of  the  state  super- 
intendent to  revoke  his  state  license.  The  plaintiff  was 
discharged  without  right  or  cause,  and  is  entitled  to  recover. 

"The  appeal  might  be  dismissed,  but  as  we  do  not  think  a 
new  trial,  pursuant  to  the  order  of  the  appellate  division, 
necessary,  we  conclude  to  affirm,  thus  giving  effect  to  the 
defendant's  stipulation  for  judgment  absolute." 

So  in  California,  where  a  normal  diploma  is  a  state  license. 

A  rule  of  a  county  board  of  education  that  normal  school 
graduates  must  have  had  one  year's  experience  to  entitle 
them  to  certificates  higher  than  primary  grade  is  illegal.  (49 
Pac  579) 

Elementary  Certificate 

This  is  for  persons  who  are  not  high  school  graduates,  the 
idea  being  here  as  all  through  these  regulations  to  make  it 
possible  for  any  person  to  become  a  teacher  without  the  re- 
quirement that  he  shall  have  attended  any  particular  school. 
Advantage  is  very  properly  given  to  high  school  graduates 
holding  regents  diplomas,  in  that  the  mere  fact  of  their  hold- 
ing such  credentials  permits  them  to  begin  teaching  without 
a  special  examination;  but  no  person  is  kept  from  teaching 
because  he  has  not  had  opportunity  to  complete  high  school 
work. 

A  candidate  for  an  elementary  certificate  shall  be 
required  to  pass  an  examination  in  each  of  the  fol- 
lowing preliminary  subjects : 


District]        Elementary  Certificate  293 

writing  geography 

spelling  elementary  U.  S.  history 

arithmetic  with  civics 

and  in  each  of  the  following  academic  subjects : 

1st  year  English 

physiology  and  hygiene 

drawing 

Reading  is  no  longer  named  as  a  subject  of  examination. 

Examinations  in  the  preliminary  subjects  required 
for  an  elementary  certificate  are  based  on  the  Ele- 
mentary Syllabus ;  those  in  the  academic  subjects  on 
•  the  Academic  Syllabus. 
A  minimum  standing  of  75  per  cent  on  each  sub- 
ject must  be  attained. 

A  candidate  for  an  elementary  certificate  may 
combine  standings  earned  in  4  consecutive  examina- 
tions, but  in  no  more  than  4.  All  such  examinations 
must  have  been  taken  by  him  subsequent  to  his  16th 
birthday. 

This  allows  16  months  for  completing  the  examination. 
The  old  regulations  allowed  one  year. 

Examinations  for  an  elementary  certificate  are  held 
in  January,  June  and  August  of  each  year. 

The  January  and  June  examinations  may  be  held  in  all 
regents  academic  schools,  and  in  such  other  places  as  school 
commissioners  with  the  approval  of  the  education  depart- 
ment from  time  to  time  designate.  The  August  examination 
may  be  held  at  such  places  only  as  school  commissioners 
designate  under  like  approval. 

No  previous  experience  in  teaching  is  required. 
An  elementary  certificate  is  valid  only  in  the  par- 
ticular school  district  for  which  it  issued  or  or  made 


294  Teachers'  Certificates         [Part  I 

valid  by  the  school  commissioner,  which  shall  be  a 
school  district  not  maintaining  an  academic  depart- 
ment. 

Much  is  left  to  the  judgment  of  the  school  commissioner,  as 
a  teacher  might  be  able  to  control  a  small  school  who  would 
be  entirely  at  a  loss  in  a  larger  school. 

An  elementary  certificate  is  issued  for  a  term  of 
two  years. 

Only  one  elementary  certificate  is  issued  to  any  one 
person. 

An  elementary  certificate  may  be  extended  one 
year  for  each  8  academic  counts  earned  while  it  is  in 
force  in  subjects  not  already  passed  when  the  certifi- 
cate was  issued. 

This  illustrates  the  principle  on  which  all  these  regulations 
are  based,  that  it  shall  be  easy  to  begin  teaching  and  easy  to 
continue  if  the  teacher  has  the  right  spirit  and  will  show  that 
he  wants  to  grow  and  improve  his  work.  The  requirement 
is  light,  reduced  from  18  counts  in  the  old  regulations  to  8, 
but  it  is  a  requirement.  The  young  teacher  must  feel  that 
there  is  no  standing  still;  he  must  keep  pressing  forward, 
or  give  way  to  some  one  who  will.  Under  the  old  rules  this 
certificate  could  be  extended  only  one  year  for  each  year  of 
academic  work  completed  while  it  was  in  force,  thus  com- 
pelling the  holder  to  attend  a  high  school  the  second  year. 
The  new  regulations  do  not  compel  attendance  at  any  in- 
stitution :  they  ask  only  that  the  work  be  done,  and  thus  give 
opportunity  for  home  study,  correspondence  school  work, 
etc. 

While  examinations  may  be  taken  at  any  appointed 
time  and  place,  an  elementary  certificate  is  issued 
only  after  the  candidate  has  made  an  engagement  to 
teach,  approved  by  the  school  commissioner  having 
jurisdiction. 


District]         Elementary  Certificate  295 

But  a  person  entitled  to  an  elementary  certificate,  though 
such  certificate  has  not  yet  been  issued,  is  legally  qualified 
to  contract  by  presenting  a  formal  statement  from  the 
school  commissioner  having  jurisdiction  showing  that  such 
person  is  entitled  to  this  certificate,  and  certifying  that  such 
certificate  will  be  issued  when  a  contract  has  been  made  with 
the  trustee  of  some  district  designated  in  such  statement 
of  the  school  commissioner. 

Academic  Certificate 

A  candidate  for  an  academic  certificate  must  have 
completed  a  four  year  high  school  course  and  must 
have  earned  a  regents  academic  diploma. 

This  applies  to  high  school  graduates  holding  regents  di- 
plomas, the  concession  already  made  to  college  graduates, 
that  the  liberal  examinations  their  school  course  required 
shall  be  accepted  as  proof  that  they  have  sufficient  character 
and  discipline  and  knowledge  to  begin  work  in  a  district 
school.  If  their  regents  diploma  does  not  mean  as  much 
as  this  there  is  something  wrong  with  the  school  system; 
and  their  last  and  most  trying  year  in  school  will  not  be  com- 
plicated by  requiring  them  to  have  special  examinations 
for  a  teacher's  certificate  in  subjects  they  have  already  been 
examined  in  under  the  regents.  Of  course  this  applies  to 
graduates  of  private  schools,  Catholic  schools,  and  all  insti- 
tutions under  the  regents,  who  hold  the  regents  dipoma. 

Examinations  for  an  academic  certificate  can  be 
taken  only  in  January  and  June  and  as  they  are 
reached  in  the  course  of  study  pursued  by  the  can- 
didate and  can  be  taken  only  at  high  schools  and 
academies. 

This  certificate  is  not  issued  on  the  basis  of  examinations 
alone,  as  it  is  provided  only  for  those  who  have  regularly 
pursued  a  full  course  in  the  high  schools  and  academies  of 
this  state. 


296  Teachers'  Certificates  [Part  I 

No  previous  experience  in  teaching  is  required. 

A  certificate  of  this  grade  is  valid  only  in  the 
particular  school  for  which  it  is  issued  or  made  valid 
by  the  school  commissioner,  which  shall  be  a  school 
not  maintaining  an  academic  department. 

An  academic  certificate  is  issued  for  a  term  of  two 
years . 

The  term  of  the  old  academic  certificate  was  3  years. 

Only  one  academic  certificate  shall  be  issued  to  any 
one  person. 

An  academic  certificate  may  be  extended  one  year 
for  each  18  counts  obtained  in  examinations  for  life 
state  certificates  and  earned  while  it  is  in  force  in 
examinations  for  the  life  state  certificate,  but  not 
for  counts  earned  in  regents  examinations,  which 
shall  not  be  applied  for  extension  of  this  certificate. 

Here  again  the  requirement  for  progress  is  illustrated.  The 
high  school  graduate  holding  a  regents  diploma  may  begin 
teaching  because  he  holds  it,  but  he  cannot  continue  to  teach 
unless  he  keeps  increasing  his  fitness  for  teaching.  He  must  look 
forward  to  a  state  certificate,  the  highest  credential  granted. 
Only  18  counts  each  year  are  required,  but  these  are  required, 
and  in  the  end  the  teacher  will  have  a  life  certificate  good  in 
every  school  in  the  state.  The  time  for  him  to  begin  to  try 
for  a  state  certificate  is  while  he  is  fresh  from  the  study  of 
academic  subjects. 

An  academic  certificate  is  issued  only  after  the 
candidate  has  made  an  engagement  to  teach,  approved 
by  the  school  commissioner  having  jurisdiction. 

But  a  person  entitled  to  an  academic  certificate,  though 
such  certificate  has  not  yet  been  issued,  is  legally  qualified 
to  contract  by  presenting  a  formal  statement  from  the  school 
commissioner  having  jurisdiction  showing  that  such  person 


District]  Academic  Certificate  297 

is  entitled  to  this  certificate  and  certifying  that  such  certifi- 
cate will  be  issued  when  a  contract  has  been  made  with  the 
trustee  of  some  district  designated  in  such  statement  of  the 
school  commissioner. 

Rural  Renewable  Certificate 

To  be  issued  in  January  1910  and  thereafter 

This  is  a  wholly  new  certificate,  and  will  prove  a  most  use- 
ful one.  It  corresponds  for  the  rural  schools  with  the  state 
certificate  for  all  schools,  requiring  3  years  experience,  and 
good  for  life  in  any  school  not  maintaining  an  academic  de- 
partment. By  comparing  the  subjects  required  with  those 
for  the  state  certificate  on  page  305  it  will  be  seen  that  they  are 
the  same  except  that  the  rural  renewable  certificate  does  not 
call  for  English  grammar,  composition,  literature,  a  foreign 
language,  geometry,  physics,  chemistry  or  physical  geog- 
raphy, botany  or  geology,  while  it  does  require  nature 
study  and  agriculture  not  called  for  in  the  examinations  for 
state  certificate.  It  is  also  unlimited  in  the  number  of  trials, 
while  only  4  consecutive  trials  are  allowed  for  a  state  cer- 
tificate. 

In  this  certificate  every  inducement  is  offered  to  rural 
teachers  to  secure  a  certificate  that  will  be  final,  and  leave 
them  all  the  rest  of  their  life  free  to  teach  without  further 
examinations.  It  places  this  desired  end  within  the  reach 
of  teachers  who  could  never  hope  to  secure  a  state  certificate, 
and  will  always  teach  in  schools  for  which  this  certificate  is 
sufficient. 

A  candidate  lor  a  rural  renewable  certificate  shall 
be  required  to  pass  subsequent  to  his  16th  birthday  a 
written  examination  in  each  of  the  following  subjects : 
penmanship  1st  year  English     history  of  education 
spelling         algebra  school  management 


298  Teachers'  Certificates  [Part  I 

arithmetic     physiology  and       methods  of  teaching 
geography         hygiene  school  law 

nature  study  and 

agriculture 
drawing 
American  history 

with  civics  and 

one  other  sub- 
ject from   the 

history    group 

of     academic 

studies 

The  examinations  in  nature  study  and  agriculture, 
history  of  education,  school  management,  school  law 
and  methods  of  teaching  are  based  on  the  Training 
class  syllabus  in  these  subjects.  The  other  examina- 
tions are  based  on  the  Elementary  and  on  the 
Academic  syllabus. 

A  minimum  standing  of  75  per  cent  is  required  in 
each  subject. 

No  limit  is  placed  upon  the  number  of  trials  a 
candidate  may  have  for  a  rural  renewable  certificate 
and  it  need  not  be  required  that  the  subjects  be  passed 
within  a  limited  period  of  time. 

Examinations  in  the  regular  regents  subjects  may,  by 
arrangement  with  the  principal,  be  taken  in  January  and 
June  at  any  academic  school;  in  August  they  may  be  taken 
at  the  places  designated  by  the  school  commisioner.  In  all 
other  subjects,  examinations  will  be  offered  in  January  and 
June  at  each  school  conducting  a  training  class  and  at  any 
other  academic  school  properly  designated  by  the  school 
commissioner. 


District]      Rural  Renewable  Certificate      299 

Examinations  in  all  of  the  required  subjects  are 
given  in  January,  June  and  August. 

A  candidate  must  have  taught  successfully  for  at 
least  three  years  to  be  eligible  for  a  rural  renewable 
certificate. 

A  rural  renewable  certificate  is  valid  in  any  school 
not  maintaining  an  academic  department. 

It  is  issued  for  a  term  of  10  years. 

Upon  its  expiration,  from  time  to  time,  a  rural 
renewable  certificate  held  by  a  teacher  who  has 
taught  under  it  successfully  for  a  period  of  5  legal 
school  years  may  be  renewed  by  any  school  commis- 
sioner in  the  state  for  a  period  of  10  years,  without 
examination. 

The  first  examinations  in  the  subjects  not  here- 
tofore offered  will  be  conducted  for  the  first  time  in 
January  1910,  and  a  rural  renewable  certificate  under 
these  requirements  may  be  issued  thereafter  to  any 
candidate  who  is  entitled. 

Continuance  of  1st  Grade  Certificate  to  August  1910 

(Until  August  1910,  a  1st  grade  certificate  valid  in  any 
department  of  any  school,  except  in  the  primary  and  gram- 
mar grades,  provided  by  section  551  of  the  Educational 
Law,  may  be  earned  under  precisely  the  same  regulations  as 
are  named  above  for  rural  renewable  certificate  except  as 
to  educational  requirements  and  experience.) 

The   educational  requirements   are   as   follows:   A 
candidate  will  be  required  to  pass  subsequent  to  his 
16th  birthday,  a  written  examination  in  each  of  the 
ollowing  subjects : 


300  Teacher's  Certificates  [Part  I 

writing  ancient  history,  or  Euro- 
spelling  pean    history   or     his- 
arithmetic  ory    of    Great    Britain 
geography  and  Ireland 
elementary  United  State  civics 

history  with  civics  bookkeeping 

1st  year  English  drawing 

algebra  history  of  education 

physics    '  school  management 

physiology  and  hygiene  school  law 
methods  in  reading 

A  candidate  may  claim  the  results  of  the  August, 
1910  examinations. 

To  a  New  York  teacher  a  first  grade  certificate  is  well  worth 
five  hundred  dollars.  It  is  permanent  and  is  good  in  any 
school.  It  is  issued  tor  10  years,  and  when  teachers  have 
taught  under  it  for  5  school  years  may  be  renewed  by  any 
commissioner  for  10  years  without  examination. 

Training  Class  Certificates 

A  candidate  must  have  complied  with  all  the  re- 
quirements for  admission  to  and  attendance  upon  a 
training  class  and  the  principal  of  the  school  must 
certify  that  he  has  given  evidence  of  excellent  char- 
acter and  good  ability  to  teach. 

A  candidate  must  also  have  attained  in  examina- 
tion held  for  training  classes,  a  minimum  standing 
of  75%  in  each  of  the  following  subjects; 


District]       Training  Class  Certificate       301 

a  Preacademic          b  Academic  c  Professional 

[writing  physiology  and  hy-       methods  in  read- 

spelling  giene  ing,   writing 

*arithmetic      American  history  with      and  spelling 
geography          civics  psychology 

*English  drawing  history    of    ed- 

elementary  science  and     ucation 
agriculture  school  law 

school  manage- 
ment 

*The  papers  on  this  subject  will  also  contain  ques- 
tions on  methods. 

Examinations  are  held  in  January  and  in  June  dur- 
ing the  week  in  which  regents  examinations  occur. 

A  training  class  certificate  is  valid  in  any  school  not 
maintaining  an  academic  department.  The  holder 
of  such  certificate  who  entered  the  training  class  on 
an  academic  diploma  will  after  3  years  of  successful 
experience  be  eligible  for  a  certificate  entitling  him  to 
teach  in  the  subacademic  grades  of  any  school,  sub- 
ject to  the  provisions  of  section  551  of  the  Education 
law,  as  affecting  cities.  See  page  289. 

A  training  class  certificate  is  issued  for  a  term 
of  three  years. 

A  person  who  holds  a  training  class  certificate  is 
entitled  to  one  year's  advanced  standing  in  a  state 
normal  school,  provided  he  enter  the  training  class 
on  an  academic  diploma  and  has  taught  for  1  year 
after  graduation  from  the  training  class. 

Upon  its  expiration,  from  time  to  time,  a  training 
class  certificate  held  by  a  teacher  who  has  taught 


302  Teachers'  Certificates  [Part  I 

under  it  successfully  for  a  period  of  2  years,  may  be 
renewed  for  a  period  of  10  years,  without  examination. 
There  will  be  criticism  of  the  new  regulations  that  the  new 
academic  certificate  makes  the  training  class  less  attractive. 
There  is  some  truth  in  this,  but  candidates  holding  regents 
diplomas  are  now  admitted  to  training  classes  without  the 
examination  in  additional  subjects,  and  there  is  a  general 
feeling  that  the  discipline  of  an  approved  four  years'  high 
school  course  is  a  better  preparation  for  teaching  than  the 
special  work  of  the  teachers'  class.  These  regulations  will 
make  it  possible  to  compare  the  results  of  these  two  systems 
of  training. 

The  training  class  certificates  still  has  the  advantage  that  it 
is  renewable.  The  changes  are  in  the  line  of  liberality.  Un- 
der the  old  regulations  the  number  of  years'  experience  to 
make  a  holder  eligible  to  teach  in  subacademic  grades  was  4 
years  instead  of  3,  and  it  was  renewable  for  5  years  instead 
of  10. 

Training  School  Certificate 

The  training  school  is  intended  almost  exclusively  to  sup- 
ply teachers  for  the  city  where  it  is  held.  It  has  the  ad- 
vantage over  the  training  class  that  its  certificates  are  good 
in  any  school  in  the  state. 

A  candidate  must  have  complied  with  all  the  re- 
quirements for  admission  to  and  attendance  upon  a 
training  school  as  required  by  the  provisions  of  sec- 
tion 551  of  the  Education  law  and  the  principal  of 
the  school  must  certify  that  he  has  given  evidence  of 
excellent  character  and  good  ability  to  teach. 

A  candidate  must  also  have  attained  in  examina- 
tions held  for  training  schools,  a  minimum  standing 
of  75%  in  each  of  the  Mowing  subjects,  in  accord- 
ance with  the  Syllabus  for  training  schools : 


District]       Training  School  Certificate       303 

arithmetic  drawing 

geography  methods   in  reading,   writing 

English  and  spelling 

physiology  and  hy-       psychology 

giene  history  of  education 

nature  study  school  management 

American  history  with 

civics 

Examinations  are  held  in  January  and  June  during 
the  week  in  which  regents  examinations  occur. 

A  certificate  of  this  grade  is  valid  in  any  depart- 
ment of  any  school  of  the  State,  subject  to  section 
551  of  the  Education  law  and  special  acts  as  affect- 
ing cities.  See  page  289. 

A  training  school  certificate  is  issued  for  a  term  of 
three  years. 

Upon  its  expiration,  from  time  to  time,  a  train-- 
ing school  certificate  held  by  a  teacher  who  has 
taught  under  it  successfully  for  a  period  of  2  years, 
may  be  renewed  for  a  period  of  10  years,  without 
examinations. 

Limited  State  Certificate 

This  certificate,  which  was  described  at  some  length  in  The 
School  Bulletin  for  February,  1908(xxxiv.  99)  has  not  received 
the  attention  it  deserved.  Perhaps  the  requirements  for 
continued  teaching  under  an  academic  certificate  may  give 
the  results  that  were  hoped  for  under  this  form. 

A  candidate  for  a  limited  state  certificate  is  re- 
quired to  pass  the  special  examinations  for  a  state 
certificate  in  each  of  the  following  subjects: 


304  Teachers'  Certificates  [Part  I 

(1)  (2) 

2      spelling  5      physics 

2      arithmetic  5      civics 
2      geography  drawing 

2  English  grammar  3      history  of     education 
5      algebra  or  psychology 

2J^  physiology  and  hy-  3  methods  of     teaching 

giene  3  school    management 

3  American  history  2  school  law 
3      composition 

and  must  earn  10  additional  counts  in  subjects  named 
in  group  (3)  under  requirements  for  state  certificate. 

Standings  earned  in  3  consecutive  examinations 
may  be  applied  towards  a  limited  state  certificate. 

A  limited  state  certificate  is  issued  for  a  period  of 
5  years  only.  It  can  not  be  renewed  or  extended,  but 
may  be  replaced  by  a  state  certificate  when  the  holder 
of  it  has  met  the  aditional  requirements  for  such 
certificate. 

State  Certificates 

This  will  always  be  under  our  system  the  king  of  certificates, 
and  the  new  regulations  will  add  stimulus  to  attain  it.  It 
is  recognized  in  many  other  states  as  qualification  for  any 
school,  and  it  is  considered  especially  creditable  when  a 
teacher  has  obtained  it  by  steady  progress  as  he  advanced 
from  grade  to  grade  while  teaching. 

A  candidate  for  a  state  certificate  is  required  to  pass 
a  special  examination  in  each  of  the  following  subjects. 

CD 

2  spelling  5     algebra 

2  arithmetic  2 ^physiology  and  hygiene 

2  geography  3     American  history 

2  English  grammar  3     composition 


District]  State  Certificate  305 

(2) 

3      history  of  education     3  methods  of     teaching 

or  psychology  3  school  management 

2  school  law 

(3) 

5      English  and  Amer-       5  chemistry  or  physical 

ican  literature  geography 
5      a  foreign  language        2)^  botany  or  zoology 

(Latin,  French  or               3  history  (ancient,  Eu- 

German)  ropean    history    or 

5      plane  geometry  history    of       Great 

5      physics  Britain  and  Ireland ) 

2  civics 

3  drawing 

Penmanship  has  been  dropped  from  the  list  of  required 
subjects,  and  lor  the  first  time  physical  geography  is  made 
an  alternate  for  chemistry,  geology  and  astronomy  are  omit- 
ted, and  zoology  is  made  an  alternate  for  botany.  Instead 
of  naming  general  history  as  a  topic,  a  choice  is  given  of 
three  special  kinds  of  history,  book-keeping  is  omitted,  meth- 
ods and  school  management  are  separated,  and  Spanish  is 
omitted. 

The  numerals  prefixed  to  the  subjects  in  the  above  list 
indicate  the  number  of  counts  allowed  each  subject  when 
credit  is  claimed  for  the  subject  towards  an  extending  of  an 
academic  certificate. 

In  the  academic  subjects  the  examinations  are  based  on 
the  Academic  syllabus. 

In  composition  and  in  English  and  American  literature 
the  examination  is  based  on  the  high  school  work  in  compo 
sition  and  in  literature  as  outlined  in  the  Academic  syllabus 
for  the  1st,  2d,  3d,  and  4th  year  English. 

In  spelling,  arithmetic  and  geography,  both  the  Elementary 
syllabus  and  the  Training  class  syllabus  should  be  consulted. 


306  Teachers'  Certificates  [Part  I 

Examinations  in  these  subjects  for~a  state  certificate  will  be 
more  advanced  in  character  than  for  a  preliminary  certificate. 

Examinations  for  a  state  certificate  are  based  on 
the  Training  class  syllabus  in  the  following  subjects: 
history  of  education  psychology 

methods  of  teaching  school  management 

school  law 

A  standing  of  at  least  75%  is  required  in  each  of 
the  subjects  of  group  (1)  and  an  average  standing 
of  at  least  75%  in  the  subjects  of  groups  (2  and  3), 
but  no  paper  is  accepted  on  which  a  standing  of  less 
than  60%  has  been  earned. 

This  is  the  only  examination  in  which  less  than  75%  is 
accepted  in  any  subject,  and  the  minimum  standing  becomes 
60%  instead  of  50%. 

The  standings  earned  in  4  consecutive  examinations 
may  be  applied  towards  this  certificate  and  no  further 
examinations  need  be  required  in  any  subject  in 
which  a  standing  of  90%  has  been  earned. 

The  number  of  trials  is  increased  from  3  to  4,  and  a  standing 
of  90%  which  used  to  hold  good  for  5  years  now  makes  no 
further  examinatons  in  that  subject  ever  necessary  at  any 
time. 

We  should  be  glad  to  see  this  principle  extended,  and  the 
subjects  dropped  from  this  examination  in  which  the  teacher 
has  already  qualified,  including  all  of  those  in  group  (1) 
except  perhaps  algebra.  Then  the  teacher's  work  for  this 
certificate  could  be  concentrated  on  the  subjects  new  to  him. 

Those  who  have  met  the  conditions  for  a  limited  state 
certificate  must  earn  credit  for  the  remaining  subjects  for  a 
state  certificate  in  one  examination  held  while  the  limited 
certificate  is  in  force. 

In  the  preparation  of  question  papers  for  examinations 
for  a  state  certificate,  it  is  assumed  that  candidates  are  more 


District] 


State  Certificate 


307 


mature  in  judgment  and  have  had  experience  in  teaching. 
In  the  rating  of  answer  papers,  greater  fullness  and  pre- 
cision of  statement  are  expected. 

No  person  is  entitled  to  a  state  certificate  who  has 
not  had  at  least  3  year's  experience  in  teaching. 

A  state  certificate  is  issued  for  life. 

A  state  certificate  is  valid  in  any  department  of  any 
school  in  the  state 

Examinations  for  a  state  certificate  are  held  in 
August  of  each  year.  Examinations  may  be  held 
at  the  following  places  and  in  such  other  places  as 
may  from  time  to  time  be  designated  by  the  Commis- 
sioner of  Education. 


Albany 

Binghamton 

Buffalo 

Chautauqua  Assembly 

Cortland 

Fort  Edward 

Hornell 

Ithaca 

Kingston 

Liberty 


Malone 

New  York 

Norwich 

Ogdensburg 

Oneonta 

Rochester 

Salamanca 

Syracuse 

Utica 

Watertown 


College  Graduate  Certificates 

College  graduate  certificates  are  of  four  classes: 
college  graduate  limited,  college  graduate  life,  college 
graduate  professional  provisional,  college  graduate 
professional. 

They  are  issued  by  the  Commissioner  of  education. 


308  Teachers'  Certificates  [Part  I 

College  Graduate  Limited 

A  college  graduate  limited  certificate  is  issued  for 
a  term  of  2  years. 

It  is  valid  in  any  department  of  any  school  in  the 
state  except  in  primary  and  grammar  grades  of  the 
city  schools. 

The  candidate  must  be  a  graduate  of  a  college 
approved  by  the  education  department  and  must 
have  received  the  bachelor's  degree  in  a  course 
approved  by  the  education  department. 

There  was  much  criticism  when  college  graduates  were 
first  allowed  to  teach  without  examination.  "They  are 
just  the  ones  who  ought  to  be  able  to  pass  an  examination," 
was  the  cry.  But  they  are  also  just  the  ones  who  have 
passed  examination  after  examination,  much  harder  than  are 
put  for  teacher's  certificates.  To  require  a  graduate  of  Yale 
to  answer  questions  in  arithmetic  and  geography  is  to  dis- 
credit his  courses  in  preparatory  school  and  in  college.  Be- 
sides, as  we  remarked  in  regard  to  the  new  academic  diploma, 
the  last  year  in  college  with  the  final  college  examinations  is 
the  hardest  and  demands  all  the  student's  time  and  inter- 
est. To  divert  his  attention  by  requiring  him  to  review  on 
subjects  of  years  ago  in  order  to  pass  a  teachers'  examina- 
tion prepared  for  persons  who  have  had  only  district  school 
education  is  to  deprive  him  of  opportunity  to  do  his  best 
where  his  best  is  most  important. 

Of  course  the  mere  name  college  is  not  sufficient.  In  this 
state  we  have  done  away  with  pretension;  the  name  college 
means  the  equipment  of  a  college;  but  in  many  states  any 
one  may  use  the  name  even  if  he  only  teaches  barbers  how 
to  cut  hair.  The  education  department  takes  pains  to  know 
that  an  institution  is  doing  real  college  work  before  it  ap- 
proves of  it  as  a  college  but  its  rulings  are  generous, and  those 
who  have  done  the  work  a  college  diploma  should  signify 
in  a  college  that  exacts  such  work,  will  secure  this  certificate. 


District]  College  Graduate  Certificates       309 

A  college  graduate  limited  certificate  may  be  re- 
newed for  a  period  of  1  year  if  within  the  2  years  for 
which  it  was  issued  the  older  has  passed  the  special 
examinations  required. 

Here  again  the  general  principle  applies.  It  is  easy  for  a 
college  graduate  to  begin  teaching,  and  he  has  two  years  in 
which  to  rest  from  the  examinations  that  have  teased  him  all 
his  life.  But  if  he  has  the  spirit  of  a  teacher  he  will  inform 
himself  upon  these  topics  so  essential  in  teaching  ;^after  an 
examination  upon  them  he  may  have  a  renewal  for  another 
year.  He  then  becomes  eligible  for  the  college  graduate  cer- 
tificate named  below. 

The  subjects  of  these  examinations  are: 
psychology  history   of    education 

principles  of  education        methods   of   teaching 

The  examinations  are  based  on  the  syllabus  found  in  the 
Course  of  study  and  syllabus  for  the  college  graduate  pro- 
fessional certificate  and  for  the  renewal  of  the  college  grad- 
uate certificate  limited. 

Examinations  for  renewal  are  held  in  May  and 
August  of  each  year.  ^ 

The  May  examinations  are  held  in  connection  with  the 
other  professional  licensing  examinations  in  Albany,  Buffalo, 
New  York  and  Syracuse  and  at  other  places  designated  from 
time  to  time  by  tbe  Education  department. 

The  August  examinations  are  held  at  the  various  colleges 
in  the  State  where  summer  courses  are  conducted,  covering 
wholly  or  in  part  the  course  of  work  outlined  in  the  Course 
of  study  and  syllabus  for  the  college  graduate  professional 
certificate  'and  for  the  renewal  of  the  college  graduate  certi- 
ficate limited. 

College  Graduate  Life  Certificate 
A  college  graduate  life  certificate  may  be  issued  to 
one  who  has  completed  a  four  year  course  of  study 
at  an  approved  college  and 'has  received  a  bachelor's 


310  Teachers'  Certificates  [Part  I 

degree  and  who  presents  evidence  of  3  year's  success- 
ful experience  in  teaching  since  graduation,    2  years 
of  which  have  been  in  New  York  state. 
College  Graduate  Professional  Provisional  Certificate 

A  college  graduate  profesional  provisional  certi- 
ficate valid  for  3  years  in  any  grade  of  any  school  in 
the  state,  may  be  issued  to  any  graduate  of  an  approv- 
ed college  who  has  completed  therein  a  course  in 
education  under  the  regulations  of  the  Education 
department. 

This  is  to  encourage  pedagogical  work  in  college.  It  not 
only  renders  subsequent  examination  unnecessary,  but  it  is 
good  in  primary  and  grammar  grades  of  cities,  which  the  col- 
lege graduate  limited  does  not  qualify  for. 

College  Graduate  Professional  Certificate 
On   evidence  of  3   years  successful   experience  in 
teaching  the  holder  of  a  college  graduate   provisional 
certificate  is  entitled  to  receive  a  permanent  college 
graduate  professional  certificate. 

Temporary  License 

In  addition  to  the  foregoing  certificates,  the  Com- 
missioner of  education  may  in  his  discretion,  issue 
temporary  licenses  valid  for  20  weeks,  but  only  in 
cases  in  which  public  convenience  absolutely  requires 
it,  and  then  only  on  the  recommendation  of  the  school 
commissioner  or  superintendent  having  jurisdiction. 

These  have  been  the  weak  point  of  our  certificate  system. 
However  satisfactory  the  plan  be  theoretically,  if  it  can  be 
evaded  by  special  indulgence  to  favored  persons,  those  who 
have  abided  by  the  rules  become  discouraged.  Yet  emer- 
gencies arise  where  a  teacher  must  be  provided  and  can  be 
provided  only  in  this  way.  But  while  temporary  licenses 
-0  some  extent  are  a  necessary  evil,  the  present  regulations 


District]  Special  Certificates  311 

tend  to  reduce  that  evil  to  a  minimum,  and  teachers  will  be 
disappointed  who  rely  upon  this  expedient  to  escape  exam- 
inations. 

Special  Certificates 

These  certificates  may  be  granted  to  those  candid- 
ates who  desire  to  teach  a  special  subject  only,  tech- 
nical in  character,  and  who  have  made  special  pre- 
paration for  the  work.  The  certificate  will  entitle 
its  holder  to  teach  the  special  subject  only. 

No  temporary  license  will  be  granted  unless  satisfactory 
evidence  is  furnished  that  the  candidate  is  qualified,  and 
sufficient  reasons  are  given  why  the  candidate  is  not  the 
holder  of  a  regular  certificate. 

These  certificates  have  been  a  bone  of  contention.  Or- 
iginally all  teachers  with  the  single  exception  of  those  in  vocal 
music  were  required  to  take  the  uniform  examinations,  but 
as  more  and  more  special  teachers  were  required,  in  more 
and  more  subjects,  it  became  manifest  that  New  York  was 
losing  desirable  teachers  who  instead  of  coming  here  to  be 
examined  in  arithmetic  would  go  to  other  states  where  the 
requirements  were  more  liberal. 

The  New  York  requirements  are  now  generous.  They  in- 
sist upon  graduation  from  an  approved  high  school,  or  the 
equivalent,  for  they  rightly  assume  that  even  a  special  teach- 
er should  have  a  fair  general  education.  When  a  certificate 
is  once  obtained  it  is  practically  permanent. 

A  special  certificate  may  be  granted  for  3  years  and 
after  2  years  of  successful  experience  it  may  be  re- 
newed for  5  year  periods. 

No  special  certificate  will  be  granted,  even  though  it  be 
earned,  except  at  the  request  of  a  superintendent  or  com- 
missioner after  the  applicant  shall  have  been  assured  of  a 
position  to  teach. 

The  applicant  for  any  certificate,  special  in  nature 
must  furnish  evidence  of  graduation  from  an  approv- 
ed high  school  or  the  equivalent,  and  also  from  an 


312  Teachers'  Certificates  [Part  I 

approved  professional  institution  wherein  he  has 
completed  a  course  of  study  in  the  special  subject. 
In  addition  he  must  establish  to  the  satisfaction  of 
the  commissioner  of  education  that  he  is  qualified 
to  teach  such  special  subject. 

The    above    educational    requirements    apply    to 
special  certificates  to  teach: 
elocution  domestic  science 

manual  training  vocal  music 

kindergarten  drawing 

commercial  branches          stenography 

In  addition  for  the  last  four  certificates  named,  can- 
didates must  pass  the  Department  examinations  pre- 
scribed below,  and  may  combine  for  a  certificate  the 
standing  earned  in  any  4  consecutive  examinations. 

The  Commissioner  of  education  may  accept  the  completion 
of  an  approved  course  in  a  degree-conferring  institution 
registered  with  the  regents  in  lieu  of  such  examination. 

a  Kindergarten  certificate.  Training  school  ex- 
aminations in  history  of  education,  psychology 
and  principles  of  education,  school  management,  and 
and  special  examinations  in  primary  methods  and 
in  kindergarten  methods. 

It  will  be  observed  that  these  are  the  training  school,  not 
training  class,  examinations,  and  the  subjects  are  especially 
important  to  kindergarten  teachers. 

b  Drawing  certificate.  Special  examinations  in 
drawing. 

c  Commercial  certificate.  Regents  examinations  in 
advanced  book-keeping,  business  arithmetic,  com- 
mercial law. 

d  Stenographers  certificate.  Regents  examinations 
in  stenography  and  typewriting. 


CHAPTER  XXIV 
Union  Free  School  Districts 

The  union  free  school  district  is  peculiarly  a  New 
York  institution.  When  a  common  district  becomes 
large  enough  to  have  two  or  more  teachers  it  usually 
changes  to  this  form  of  government  The  differences 
between  a  common  and  a  union  free  school  district 
will  be  noted  as  we  take  up  the  various  methods  of 
procedure,  but  this  summary  will  prove  convenient. 

(a)  Organization 

1.  The  district  is  established  by  the  school  commissioner; 
the  union  free  school  district  by  special  meeting.     (20,  38) 
Pages  9,  315 

2.  Boards  of  education  must   have   regular  meetings  at 
least   once   each   quarter;   there  is  no   such  requirement  on 
trustees.      (231)     Page  324,6. 

(b)  Powers  of  the  school  meeting  in  union  free  dchool  dis- 
tricts that  do  not  exist  in  ordinary  districts. 

3.  To  provide  free  text  books.     (96,  583).     Page  330 

4.  To  establish  an  academic  department.      (229)     Page  333 

5.  To    establish   evening    schools   for   industrial    drawing 
(801).     Page  327 

6.  To    establish    industrial    schools.     (822).     Page    328 

7.  To  establish  separate  schools  for  colored  children.     (822) 
Page  328 

(c)  Powers  of  the  board  of  education  that  do  not  exist  in 
ordinary  districts. 

(313) 


314         Union  Free  School  Districts  [Part  II 

8.  To  remove  a  member  of  the  board.     (229,  338).     Page 
339 

9.  To  hire  teachers  for  more  than  a  year.      (562) .     Page  108 

10.  If  of  5000  inhabitants,  to  appoint  a  superintendent. 
(230).     Page  340 

11.  To  maintain   a   teachers'   class.     (640).     Page   341 

12.  To  levy  a  tax  for  contingent  expenses.     (240,   244). 
Page  345 

13.  To    appoint    attendance    officers.     (535).     Page     192 

14.  To  provide  instruction  in  vocal  music.      (802).     Page 
328 

15.  To    borrow    money    in    anticipation    of    taxes.      (195, 
229).     Page   340 

(d)  Powers   exercised   in   common   districts    by   the   district 
meeting ;  in  union  free  school  districts  by  the  board  of  educa- 
tion. 

16.  To   elect   clerk,    collector,   and   treasurer.     (96,    174). 
Pages  342,  3 

17.  To  fill  vacancies  in  the  board.      (150,  229).     Page  339 

18.  To  waive  relationship  of  teacher  to  trustees.      (564) 
Page  338 

19.  To  prescribe  text-books.      (229,   580).     Page  330 

20.  To  purchase  furniture.      (196,  229).     Page  331 

(e)  Powers  exercised  by  trustees  with  restriction ;  by  boards  of 
education   without  restriction. 

21.  To  purchase  books  and  apparatus.      (196,  229).     Page 
331 

22.  To    repair    schoolhouses    and    furniture.     (196,    229) 
Page  331 

23.  To    provide    fuel,    furniture,    and    other    necessaries. 
(196,  229).     Page  338 


Union  School]       Formation  315 

(/")  Powers  in  which  approval  of  the  school  commissioner 
is  required  in  common  school  district*  but  not  in  union  free 
school  districts. 

24.  To  raise  tax  for  the  expense  of  water  closets.     (116) 
Pages  72,  340 

(g)  Requirements  upon  union  schools  and  not  upon  dis- 
rict  schools. 

25.  To  give  free  instruction  in  industrial  drawing.     (800) . 
Page  327 

26.  To  publish  report  in  newspaper  (141).     Page  347 

Whenever  15  persons  entitled  to  vote  at  any  meet- 
ing of  the  inhabitants  of  any  school  district  in  the 
state,  sign  a  request  for  a  meeting,  to  be  held  for  the 
purpose  of  determining  whether  a  union  free  school 
be  established  therein,  the  trustees  of  such  district 
must  within  10  days  after  such  request  has  been  pre- 
sented to  them  give  public  notice  that  a  meeting  of 
the  inhabitants  of  such  district  entitled  to  vote  there- 
at will  be  held  for  such  purpose  as  aforesaid,  at  the 
school-house,  or  other  more  suitable  place,  in  such 
district,  on  a  day  and  at  an  hour  in  such  notice  to  be 
specified,  not  less  than  20  nor  more  than  30  days  after 
the  publication  of  such  notice.  (38) 

The  adoption  at  an  annual  meeting  of  a  resolution  to  change 
to  a  union  free  school  does  not  establish  a  union  free  school. 
(D  4380) 

If  the  trustees  refuse  to  give  such  notice,  or  neglect  to  give 
the  same  for  20  days,  the  commissioner  of  education  may 
authorize  and  direct  any  inhabitant  of  such  district  to  give 
the  same.  The  qualifications  of  the  inhabitants  entitled  to 


316          Union  Free  School  Districts     [Part  II 

vote  at  such  meeting,  must  be  sufficiently  set  forth  in  the 
notice  aforesaid.     (D  4365) 

Whenever  such  district  corresponds  wholly  or  in 
part  with  an  incorporated  village,  in  which  there  is 
published  a  daily  or  weekly  newspaper,  the  notice 
aforesaid  must  be  given  by  posting  at  least  5  copies 
thereof,  severally,  in  various  conspicuous  places  in 
said  district,  at  least  20  days  prior  to  such  meeting, 
and  by  causing  the  same  to  be  published  once  a  week 
for  3  consecutive  weeks  before  such  meeting,  in  all  the 
newspapers  published  in  said  district.  (39) 

In  other  districts  the  notice  must  be  given  by  posting  the 
same  as  aforesaid,  and  in  addition  thereto,  the  trustees  of 
such  district  must  authorize  and  require  any  taxable  inhab- 
itant of  the  same,  to  notify  every  other  inhabitant,  qualified 
to  vote  as  aforesaid,  of  such  meeting,  to  be  called  as  afore- 
said, who  must  give  such  notification  by  reading  said  notice 
in  his  hearing,  or  in  case  of  his  absence  from  home,  by  leaving 
a  copy  thereof,  or  so  much  thereof  as  relates  to  the  time, 
place  and  object  of  the  meeting,  at  the  place  of  his  abode  at 
least  20  days  prior  to  the  time  of  such  meeting.  (39) 

The  reasonable  expense  of  such  notices,  and  of  their  pub- 
lication and  service,  is  chargeable  upon  the  district,  in  case 
a  union  free  school  is  established  by  the  meeting  so  convened, 
to  be  levied  and  collected  by  the  trustees,  as  in  case  of  taxes 
now  levied  for  school  purposes ;  but  if  such  union  free  school 
is  not  established,  then  the  said  expense  is  chargeable  upon  the 
inhabitants  signing  the  request,  jointly  and  severally,  to  be 
sued  for,  if  necessary,  in  any  court  having  jurisdiction  of 
the  same.  (40) 

Whenever  15  persons,  entitled  as  aforesaid,  from 
each  of  2  or  more  adjoining  districts,  unite  in  a  request 
for  a  meeting  of  the  inhabitants  of  such  districts,  to 
determine  whether  such  districts  be  consolidated  by 


Union  School]     Formation  317 

the  establishment  of  a  union  free  school  therefor  and 
therein,  it  is  the  duty  of  the  trustees  of  such  districts, 
or  a  majority  of  them,  to  give  like  public  notice  of 
such  meeting,  at  some  convenient  place  within  such 
districts,  and  as  central  as  may  be,  within  the  time 
and  to  be  published  and  served  as  above  in  each  of 
such  districts.  (41) 

The  reasonable  expenses  of  preparing,  publishing  and  serv^. 
ing  such  notices  are  chargeable  upon  the  union  free  school 
district,  and  must  be  collected  by  tax,  if  a  union  free  school 
be  established  pursuant  to  such  request,  but  otherwise  the 
signers  of  the  request  are  jointly  and  severally  liable  for  such 
expenses.  The  commissioner  of  education  may  order  such 
meeting  under  the  conditions  and  in  the  manner  prescribed, 
above.  (41) 

Any  such  meeting  held  pursuant  to  the  fore- 
going provisions  must  be  organized  by  the  election  of 
a  chairman  and  secretary,  and  may  be  adjourned  from 
time  to  time,  by  a  majority  vote,  provided  that  such 
adjournment  shall  not  be  for  a  longer  period  than  10 
days;  and  whenever  at  any  such  meeting  duly  called 
and  held,  at  least  15  qualified  voters  of  the  districts 
are  present;  or  at  least  15  qualified  voters  of  each  of 
the  two  or  more  adjoining  districts,  joining  in  the  re- 
quest, are  present,  such  meeting  may,  by  the  affirm- 
ative vote  of  a  majority  present  and  voting  (46  Pac 
212)  adopt  a  resolution  to  establish  a  union  free  school 
in  said  district,  or  to  consolidate  the  two  or  more  ad- 
joining districts  by  establishing  a  union  free  school  in 
said  districts  pursuant  to  the  notice  of  said  meeting. 
(42) 

If  said  meeting  determines  to  establish  a  union  free 
school  in  said  districts  as  aforesaid,  it  is  lawful  for 


318         Union  Free  School  Districts      [Part  II 

such  meeting  thereafter  to  proceed  to  the  election  of 
a  board  of  education  as  provided  hereafter.  (42, 
220-4) 

The  school  commissioner  in  whose  district  the  union  free 
school  district  is  thus  organized  must  designate  such  district 

as  union  free  school  district  number of  the  town  of .... 

and  the  said  board  has  the  name  and  style  of  the 

board  of  education  of  (adding  the  designation  aforesaid.)  (42) 

Copies  of  said  request,  notice  of  meeting,  order  of  the 
commissioner  of  education  directing  some  inhabitant  to  call 
said  meeting,  if  any,  and  minutes  of  said  meeting,  duly  cer- 
tified by  the  chairman  and  secretary  thereof,  must  be  trans- 
mitted and  deposited,  immediately  after  such  meeting  by  one 
of  such  officers,  one  to  and  with  the  town  clerk,  one  to  and 
with  the  school  commissioner  in  whose  jurisdiction  said  dis- 
tricts are  located,  and  one  to  and  with  the  commissioner  of 
education.  (42) 

If  at  any  such  meeting,  the  question  as  to  the  establish- 
ment of  a  union  free  school  is  not  decided  in  the  affirmative, 
as  aforesaid,  then  all  further  proceedings  at  such  meeting, 
except  a  motion  to  reconsider  or  adjourn,  must  be  dispensed 
with,  and  no  such  meeting  may  be  again  called  within  one 
year  thereafter.  (42) 

When  any  such  meeting  has  established  a  union  free  school 
in  said  districts,  such  union  free  school  district  may  not  be 
dissolved  within  the  period  of  one  year  from  the  1st  Tuesday 
of  August  next  after  such  meeting.  (42,  43) 

In  union  free  school  districts  whose  limits  are  not 
coterminous  with  those  of  an  incorporated  village  or 
city,  and  in  which  the  number  of  children  of  school 
age  exceeds  300,  as  shown  by  the  last  annual  report 
of  the  board  of  education  to  the  school  commissioner, 
the  qualified  voters  of  any  such  district  may  by  a 
vote  of  a  majority  of  those  present  and  voting,  at 
any  annual  meeting,  or  at  any  duly  called  special 


Union    School]        Meetings  319 

meeting,  to  be  ascertained  by  taking  and  recording 
the  ayes  and  noes,  determine  that  the  election  of  the 
members  of  the  board  of  education  shall  be  held  on 
the  Wednesday  next  following  the  day  designated  by 
law  for  holding  the  annual  meeting  of  said  district. 
(223) 

This  does  not  apply  to  any  school  district  organized  tinder 
a  special  act  of  the  legislature,  in  which  the  time,  manner  and 
form  of  the  election  of  district  officers  is  different  from  that 
prescribed  for  the  election  of  officers  in  union  free  school  dis- 
tricts, organized  under  the  general  law,  nor  to  any  of  the 
union  free  school  districts  in  the  counties  of  Chenango,  Erie, 
Saint  Lawrence,  Suffolk  and  Warren.  (223) 

This  expression  "coterminous  with"  or  "whose  limits  do 
not  correspond  with"  is  a  common  one  in  the  school  law, 
the  distinction  being  important  because  where  the  school 
district  and  the  village  or  city  coincide,  the  school  election 
is  held  on  separate  ballot  as  part  of  the  village  or  city  elec- 
tion, while  if  the  boundaries  do  not  coincide  the  district  has 
a  special  election  of  its  own  (222).  See  Village  chapter. 

Within  10  days  after  the  school  commissioner  has 
designated  any  separate  school  district  containing  in- 
corporated villages,  he  must  call  a  special  meeting  of 
the  qualified  voters  of  such  school  district  at  a  time 
and  place  to  be  named  by  him  to  elect  a  board  of  ed- 
ucation to  consist  of  6  members,  2  of  whom  shall  be 
elected  for  1  year,  2  for  2  years,  and  2  for  3  years  from 
the  date  of  the  annual  school  meeting  next  succeeding 
such  special  meeting.  (224) 

The  call  for  this  special  meeting  must  be  published  as 
provided  for  the  special  meeting  to  determine  as  to  whether 
the  school  district  shall  be  divided.  (28)  The  school  com- 
missioner must  call  such  special  meeting  to  order  and  the 
voters  present  must  elect  a  chairman  and  secretary  for  such 


320         Union  Free  School  Districts     [Part  II 

meeting  and  appoint  3  tellers  to  canvass  the  votes  cast. 
After  the  votes  have  been  canvassed  the  chairman  and  sec- 
retary forthwith  certify  the  result  of  such  canvass  to  the  said 
school  commissioner,  who  must  within  5  days  thereafter  call 
together  the  members  of  the  board  of  education,  shown  by 
said  certificate  to  have  been  elected,  for  the  purpose  of  or- 
ganization, and  said  certificate  of  the  result  of  such  canvass 
thereupon  becomes  a  part  of  the  record  of  said  school  dis- 
trict. (224) 

The  board  of  education  must,  at  the  expense  of  the  district, 
provide  a  suitable  box  in  which  the  ballots  are  deposited  as 
they  are  received.  Such  ballots  must  contain  the  names 
of  the  persons  voted  for,  and  designate  the  office  for  which 
each  of  said  names  is  voted.  The  ballots  may  be  either 
written  or  printed,  or  partly  written  and  partly  printed. 
The  inspectors  immediately  after  the  close  of  the  polls  must 
proceed  to  canvass  the  votes.  They  must  first  count  the 
ballots  to  determine  if  they  tally  with  the  number  of  names 
recorded  by  the  clerk,  and  if  they  exceed  that  number,  enough 
ballots  must  be  withdrawn  to  make  them  correspond.  Such 
inspectors  count  the  votes  and  announce  the  result.  The 
persons  having  a  majority  of  the  votes  respectively  for  the 
several  offices  is  elected,  and  the  clerk  must  record  the  result 
of  such  ballot  and  election  as  announced  by  the  inspectors. 
(223) 

Whenever  the  time  for  holding  such  election  passes  with- 
out such  election  being  held,  a  special  election  must  be  called 
by  the  board  of  education,  but  if  no  such  election  be  called 
by  said  board  within  20  days  after  such  time  has  passed,  the 
school  commissioner  or  the  commissioner  of  education  may 
order  any  inhabitant  of  said  district  to  give  notice  of  such 
election  in  the  manner  prescribed  (126) ;  and  the  officers 
elected  at  such  special  election  hold  their  respective  offices 
only  until  the  next  annual  election,  and  until  their  successors 
are  elected  and  have  qualified.  (223) 

All  disputes  concerning  the  validity  of  any  such  election 
or  of  any  votes  cast  thereat,  or  of  any  of  the  acts  of  the  in- 
spectors or  clerks,  must  be  referred  to  the  commissioner  of 


Union  School]  Board  of  Education  321 

education,  whose  decision  in  the  matters  is  final,  and  who 
may,  in  his  discretion,  order  a  new  election  in  any  district. 
(223) 

Until  such  determination  be  changed,  such  election  shall 
be  held  on  the  Wednesday  next  following  the  day  on  which 
such  annual  meeting  of  such  district  shall  be  held,  in  each 
year,  betweeen  the  hours  of  12  o'clock  noon  and  4  o'clock 
in  the  afteroon  at  the  principal  school-house  in  the  district, 
or  at  such  other  suitable  place  as  the  trustees  may  designate. 
When  the  place  of  holding  such  election  is  other  than  at  the 
principal  school-house,  the  trustees  must  give  notice  thereof 
by  the  publication  of  such  notice,  at  least  1  week  before  the 
time  of  holding  such  election,  in  some  newspaper  published 
in  the  district,  or  by  posting  the  same  in  3  conspicuous  places 
in  the  district.  The  trustees  may,  by  resolution,  extend  the 
time  of  holding  the  election  from  4  o'clock  until  sunset.  (223) 

The  board  of  education,  -or  such  of  them  as  may  be  present,' 
act  as  inspectors  of  election.  If  the  majority  of  such  board 
are  present  at  the  time  of  opening  the  polls,  those  members 
of  the  board  in  attendance  may  appoint  any  of  the  legal 
voters  of  the  district  present  to  act  as  inspectors  in  place  of 
the  absent  trustees;  and  if  none  of  the  board  of  education 
are  present  at  the  time  of  opening  the  polls,  the  legal  voters 
present  may  choose  3  of  their  number  to  act  as  inspectors. 
(223) 

The  clerk  of  the  board  of  education  must  attend  at  the  election  and 
record  in  a  hook,  to  be  provided  for  that  purpose,  the  name  of  each  elector 
as  he  deposits  his  ballot.  If  the  clerk  of  the  board  of  education  is  absent, 
or  is  unable  or  refuses  to  act,  the  board  of  education  or  inspectors  of  elec- 
tion must  appoint  some  person  who  is  a  legal  voter  in  the  district  to  act 
in  his  place.  Any  clerk  or  acting  clerk  who  shall  neglect  or  refuse  to  record 
the  name  of  a  person  whose  ballot  is  received  by  the  inspectors,  shall  be 
liable  to  a  fine  of  $25,  to  be  sued  for  by  the  supervisor  of  the  town.  (223) 

In  any  union  free  school  district  established  under 
the  laws  of  this  state,  and  which  has  been  established 
for  the  period  of  1  year  or  more,  it  is  the  duty  of  the 
board  of  education,  upon  the  application  of  15  resi- 
dent taxpayers  of  such  district,  to  call  a  special  meet- 


322       Union  Free  School  Districts      [Part  II 

ing  in  the  manner  prescribed  by  law,  for  the  purpose 
of  determining  whether  application  shall  be  made 
for  the  dissolution  of  such  union  free  school  district, 
and  for  its  reorganization  as  one  or  more  common 
school  districts.  (43) 

Whenever  at  such  meeting  it  is  determined  by  a  majority 
vote  of  the  legal  voters  present  and  voting,  to  be  ascertained 
by  taking  and  recording  the  ayes  and  noes,  not  to  dissolve 
such  union  free  school  district,  no  other  meeting  for  a  sim- 
ilar purpose  shall  be  held  in  said  district  within  3  years  from 
the  time  the  first  meeting  was  held.  (44) 

But  if  it  is  determined  by  a  §  vote  of  the  legal  voters 
present  and  voting,  to  be  ascertained  by  taking  and  recording 
the  ayes  and  noes,  to  dissolve  such  union  free  school  district, 
it  is  the  duty  of  the  board  of  education  to  present  to  the 
school  commissioner  of  the  commissioner  district  in  which 
said  union  free  school  is  situated  a  certified  copy  of  the  call, 
notice  and  proceedings.  If  the  school  commissioner  approves 
the  proceedings  of  said  meeting,  he  must  certify  the  same  to 
the  board  of  education.  Such  approval  does  not  take  effect 
until  the  day  preceding  the  1st  Tuesday  of  August  next  suc- 
ceeding ;  but  after  that  date  such  district  ceases  to  be  a  union 
free  school  district.  (44) 

If  any  union  free  school  district  dissolved  under  the  fore- 
going provisions  has  been  established  by  the  consolidation  of 
2  or  more  districts,  it  is  lawful  for  the  school  commissioner 
to  order  that  its  territory  be  divided  into  2  or  more  districts, 
to  correspond,  so  far  as  practicable,  with  the  districts  there- 
tofore consolidated.  (45) 

The  school  commissioner  may  make  his  approval  of  the 
proceedings  of  any  such  meeting  held  as  aforesaid  conditional 
upon  the  payment  by  the  district  which  has  been  most 
greatly  benefitted  by  the  consolidation  in  the  way  of  build- 
ings and  other  improvements  to  the  other  districts  into 
which  the  said  union  free  school  district  is  divided,  of  such 
sum  of  money  as  he  may  deem  equitable.  (46) 

If  the  school  commissioner  shall  not  approve  the  proceed- 


Union    School]     Dissolution  323 

ings  of  any  such  meeting,  held  as  aforesaid,  for  the  purpose 
of  dissolving  a  union  free  school  district,  no  other  meeting 
shall  be  held  in  such  district,  for  a  similar  purpose,  within  3 
years  from  the  time  the  first  meeting  was  held.  (47) 

Whenever  the  proceedings  of  such  a  meeting  have  been 
approved  by  such  school  commissioner  and  have  been  cer- 
tified by  him  to  the  board  of  education,  it  is  the  duty  of  the 
board  of  education  of  the  district  affected  forthwith  to  notify 
the  commissioner  of  education,  and  to  furnish  him  copies  of 
the  call,  notice,  proceedings  of  the  meeting,  and  the  action 
taken  by  such  school  commissioner  thereon.  (48) 

All  moneys  remaining  in  the  hands  of  the  treasurer  of  the 
union  free  school  district  when  the  order  of  dissolution  shall 
take  effect  must  be  apportioned  equitably  among  the  several 
districts  into  which  such  union  free  school  district  is  divided, 
and  must  be  paid  over  to  the  collectors  or  treasurers  of  such 
districts  when  they  shall  have  been  elected  and  have  qualified 
according  to  law.  (49) 

The  districts  formed  by  the  dissolution  of  a  union 
free  school  district,  must  hold  their  annual  meetings 
on  the  1st  Tuesday  of  August  next  after  the  dissolution 
and  elect  officers  as  required  by  law.  (27,  28,  87) 

On  the  written  consent  of  the  boards  of  education  of  the 
districts  affected  the  school  commissioner  may  dissolve  a 
union  free  school  district  when  it  adjoins  another  union  free 
school  district  and  both  of  such  union  free  school  districts 
are  wholly  or  partly  located  within  the  limits  of  a  city  or  an 
incorporated  village  and  annex  the  territory  of  such  dis- 
solved district  to  the  remaining  union  free  school  district. 
(26) 

The  bonded  indebtedness  of  each  of  such  districts  becomes,  upon  such 
dissolution  and  annexation,  a  charge  upon  the  enlarged  district  thus  formed 
Such  district  succeeds  to  all  the  rights  of  property  possessed  by  the  an- 
nulled district.  The  board  of  education  of  such  district  must  raise  by  tax 
an  amount  sufficient  to  pay  any  of  the  bonds  and  interest  thereon  as  the 
same  shall  become  due.  (26) 


CHAPTER  XXV 
Union  Free  School  District  Officers 

The  board  of  education  of  each  union  free  school 
district  or  city  is  hereby  created  a  body  corporate. 
(220) 

This  is  true  of  the  district  trustees.     (190) 

A  member  of  a  board  of  education  of  a  school  district  is  held  in  Nebraska 
to  be  a  ministerial  officer  within  the  meaning  of  a  statute  providing  for 
the  punishment  of  a  certain  public  officers  for  malfeasance  in  office.  (59 
L  R  A  915) 

It  must  at  its  first  meeting  and  at  each  annual 
meeting  thereafter,  elect  one  of  its  members  president, 
(220) 

This  is  not  customary  among  the  three  trustees. 

Whenever  the  boundaries  of  the  district  are  not 
coterminous  with  the  boundaries  of  an  incor- 
porated city  or  village,  the  meeting  at  which  such 
union  free  school  district  is  established  must  elect 
by  ballot  not  less  than  3  nor  more  than  9  trustees, 
who  shall  by  the  order  of  such  meeting,  be  divided 
into  3  classes,  the  first  to  hold  until  1,  the  second  until 
2,  and  the  third  until  3  years  from  the  1st  Tuesday  of 
August  next  following  except  as  in  the  next  section 
provided.  (221)  - 

Thereafter  there  must  be  elected  in  such  districts,  at  the 
annual  meeting,  trustees  to  supply  the  places  of  those  whose 
terms  of  office,  by  the  classification  aforesaid,  expire.  (221) 

The  trustees  thus  elected,  must  enter  at  once  upon 
their  offices,  and  the  office  of  any  existing  trustees  in 
such  districts,  before  the  establishment  of  a  union 

(324) 


Union   School]        Meetings  325 

free  school  therein,  cease.  The  said  trustees  and  their 
successors  in  office  constitute  the  board  of  education 
of  and  for  the  union  free  school  distrist  thus  estab- 
lished and  for  which  they  are  elected.  (221.  Com- 
pare 144) 

The  former  officers  still  continue  in  office  for  the  purpose 
of  providing  for  and  paying  all  just  debts  of  the  district.  (32) 

At  any  annual  meeting,  the  qualified  voters  may  determine  by  a  majority 
vote  of  such  voters  present  and  voting,  to  be  ascertained  by  taking  and 
recording  the  ayes  and  noes,  to  increase  or  diminish  the  number  of  members 
of  the  board  of  education  of  such  district.  If  such  board  consists  of  less 
than  9  members,  and  such  meeting  determines  to  increase  the  number,  such 
meeting  elects  such  additional  number  so  determined  upon,  and  divides 
such  number  into  3  classes,  the  first  to  hold  office  1  year,  the  second  2  years 
and  the  third  3  years.  If  such  meeting  determines  to  diminish  the  number 
no  election  is  held  to  fill  the  vacancies  of  the  outgoing  members  tmtil  the 
number  of  members  corresponds  to  the  number  which  such  meeting  de- 
termines to  compose  such  board.  No  board  of  education  of  such  district 
may  consist  of  less  than  3  nor  more  than  9  members.  No  change  shall 
be  made  in  the  number  of  trustees  of  any  such  school  district  unless  no- 
tice is  given  by  the  board  of  education  at  the  time  and  in  the  same  manner 
that  notice  is  given  of  the  annual  school  meeting.  (227) 

If  the  district  is  coterminous  with  a  village  or  city  this  change  of  number 
must  be  voted  in  at  a  special  meeting,  called  in  response  to  an  application 
from  at  least  15  resident  taxpayers.  (226) 

For  cause  shown,  and  after  giving  notice  of  the 
charge  and  opportunity  of  defence,  the  commissioner 
of  education  may  remove  any  member  of  a  board  of 
education.  (228) 

(D  4773;  63  Hun  389;  37  Ap  Div  44) 

Wilful  disobedience  of  any  lawful  requirement  of  the^com- 
missioner  of  education,  or  a  want  of  due  diligence  in  obeying 
such  requirement  or  wilful  violation  or  neglect  of  duty  is 
cause  for  removal.  (228) 

This  is  true  of  school  trustees.     (338) 

The  annual  meeting  of  a  board  of  education  of 
every  union  free  school  district  whose  limits  are  not 
coterminous  with  those  of  a  village  is  held  on  Tuesday 


326  Board  of  Education          [Part  II 

next  after  the  annual  school  district  meeting  therein, 
or  if  its  limits  are  coterminous  with  those  of  an  in- 
corporated village  or  city,  on  the  Tuesday  next  after 
the  election  of  the  members  of  such  board  at  the  an- 
nual charter  election.  (225) 

It  is  the  duty  of  the  board  of  education  to  have  a 
regular  meeting  at  least  once  in  each  quarter,  and  at 
such  meetings  to  appoint  one  or  more  committees, 
to  visit  every  school  or  department  under  the  super- 
vision of  said  board,  and  such  committees  must  visit 
all  said  schools  at  least  twice  in  each  quarter,  and  re- 
port at  the  next  regular  meeting  of  the  board  on  the 
condition  thereof.  (231) 

The  meetings  of  all  such  boards  must  be  open  to  the  public, 
but  said  boards  may  hold  executive  sessions,  at  which  ses- 
sions only  the  members  of  such  boards  or  the  persons  invited 
may  be  present.  (231) 

The  board  of  education  posess  all  the  powers  and 
privileges,  and  are  subject  to  all  the  duties  in  respect 
to  the  common  schools,  or  the  common  school 
departments  in  any  union  free  school  in  said  dis- 
tricts, which  the  trustees  of  common  schools  possess 
or  are  subject  to  not  specially  provided  for  in  this 
article,  and  not  inconsistent  with  the  special  autho- 
rity granted;  and  enjoy,  whenever  an  academic 
department  shall  be  by  them  established,  all  the 
immunities  and  privileges  now  enjoyed  by  the 
trustees  of  academies  in  this  state.  (235) 
They  have  power,  and  it  is  their  duty : 
1.  To  adopt  such  by-laws  and  rules  as  shall  seem 
proper  in  the  discharge  of  the  duties  required  under 
the  provisions  of  this  chapter.  (229) 


Union  schools]        Powers  327 

This  need  not  be  specified  for  a  board  of  trustees,  which 
is  sometimes  a  single  trustee. 

In  Illinois  it  is  held  that  boards  of  education  do  not  have  those  of  trustees 
except  as  conferred  by  statute.  (23  111  A  629;  47  111  525;  71  111  532; 
72  111  508;  76  111  189;  82  111  132;  87  111  255;  32  111  A  336;  -42  111  A  570) 

2.  To  establish  such  rules  and  regulations  concern- 
ing the  order  and  discipline  of  the  schools,  in  the  several 
departments   thereof,   as   they  may  deem  necessary  to 
secure  the  best  educational  results.     (229) 

This  power  is  given  to  trustees.     (195) .    See  pages  148-262. 

3.  To  prescribe  the  course  of  study  by  which  the 
pupils  of  the  schools  shall  be  graded  and  classified, 
and  to  regulate  the  admission  of  pupils  and  their  trans- 
fer from  one  class  or  department  to  another,  as  their 
scholarship  shall  warrant.     (229) 

This  general  power  is  given  to  trustees.  (195,  78  Pac812) 
See  pages  199—220.  But  the  following  subject  is  mandatory 
in  union  free  schools,  but  not  in  district  schools. 

They  must  cause  free  instruction  to  be  given  in  in- 
dustrial or  free-hand  drawing  in  the  schools  under 
their  charge,  unless  excused  therefrom  by  the  com- 
missioner of  education.  (800) 

In  each  of  the  state  normal  schools  the  course  of  study 
must  embrace  instruction  in  industrial  or  free-hand  drawing. 
The  board  of  education  in  each  city  in  this  state  must  cause 
free  instruction  to  be  given  in  industrial  or  free-hand  drawing 
in  at  least  one  department  of  the  schools  under  their  charge. 
(800) 

The  board  of  education  may  establish  and  maintain  even- 
ing schools  for  free  instruction  in  industrial  drawing,  when- 
ever the  qualified  electors  so  direct,  and  make  provision  for 
the  maintenance  of  such  schools.  Such  electors  also  have 
power,  whenever  they  think  it  advisable,  to  raise  such  moneys 
as  are  necessary  for  other  purposes.  (801) 


328  Board  of  Education  [Part  II 

They  may  cause  free  instruction  to  be  given  in 
vocal  music  in  the  schools  under  their  charge.  (802) 

The  commissioner  of  education  may  provide  instruction 
in  vocal  music  in  all  teachers'  institutes  held  throughout  the 
state.  In  each  of  the  state  normal  schools  the  course  of 
study  may  embrace  instruction  in  vocal  music.  (802) 

The  board  of  education  in  a  city  and  the  officer 
having  the  management  and  supervision  of  the  public 
school  system  in  a  city  not  having  a  board  of  educa- 
tion and  the  board  of  education  in  a  union  free  school 
district  which  authorizes  the  establishment  of  a  gen- 
eral industrial  or  a  trade  school  is  vested  with  the  same 
power  and  authority  over  the  management,  super- 
vision and  control  of  such  school  and  the  teachers 
or  instructors  employed  therein  as  such  board  or 
officer  now  has  over  the  schools  and  teachers  under 
their  charge.  Such  boards  of  education  or  such  officer 
also  have  full  power  and  authority: 

1.  To  employ  competent  teachers  or  instructors. 

2.  To  provide  proper  courses  of  study. 

3.  To  purchase  or  acquire  sites  and  grounds  and  to 
purchase,  acquire,  lease  or  construct  and  to  repair 
suitable  shops  or  buildings  and  to  properly  equip  the 
same. 

4.  To    purchase   necessary   machinery,    tools,    ap- 
paratus and  supplies.     (822) 

The  commissioner  of  education  in  the  annual  ap- 
portionment of  the  state  school  moneys  apportions 
therefrom  to  each  city  and  union  free  school  district 
the  sum  of  $500  for  each  independently  organized 
general  industrial  or  trade  school  maintained  therein 
for  forty  weeks  during  the  school  year  and  employing 


Union  School]   Industrial  Schools  329 

one  teacher  whose  work  is  devoted  exclusively  to 
such  school,  and  having  an  enrollment  of  at  least  25 
pupils  and  maintaining  a  course  of  study  approved 
by  him.  (823) 

He  also  makes  an  additional  apportionment  to  each  city 
and  union  free  school  district  of  $200  for  each  additional 
teacher  employed  exclusively  in  such  schools  for  40  weeks 
during  the  school  year.  (823) 

All  such  moneys  apportioned  by  the  commissioner  of  edu- 
cation must  be  used  exclusively  for  the  support  and  main- 
tenance of  such  schools  in  the  city  or  district  to  which  such 
moneys  are  apportioned.  But  the  commissioner  of  educa- 
tion may  in  his  discretion  apportion  to  a  district  or  city  main- 
taining such  schools  or  employing  such  teachers  for  a  shorter 
time  than  40  weeks,  an  amount  pro  rata  to  the  time  such 
schools  are  maintained  or  such  teachers  are  employed.  This 
section  must  not  be  construed  to  entitle  manual  training 
high  schools  or  other  secondary  schools  maintaining  manual 
training  departments,  to  an  apportionment  of  funds  herein 
provided  for.  (823) 

Where  the  district  system  does  not  prevail  the  duty 
of  assigning  pupils  to  the  various  schools  devolves  on 
the  school  board.  (79  N  E  481)  and  a  school  may 
be  closed  and  pupils  transferred  to  other  schools. 

It  is  within  the  judgment  of  an  Indiana  trustee  to  close 
a  school  of  fewer  than  12  pupils  and  transfer  them  to  other 
schools,  furnishing  conveyance  when  necessary.  (70  N  E 
805) 

If  authorized  by  the  district  meeting  they  may 
establish  separate  schools  for  colored  children,  a 
power  the  common  district  does  not  possess.  (981) 

(23  Am  St  895;  78  Pac  455,  84  Pac  538.    But  see  45  Kan  152,  51  Pac 
741) 

These  schools  must  receive  the  same  case  and  be  furnished 


330  Board  of  Education          [Part  II 

the  same  facilities  for  instruction  as  the  schools  for  white 
children.  (981,  2) 

(66  Kan  672,  72  Pac  274,  97  Pac  216,  99  Pac  222.) 

In  N.  C.  negroes  to  the  4th  generation  are  excluded  from 
a  white  school,  "if  by  tracing  back  through  his  father  or 
mother  four  successive  generations  a  negro  ancestor  is 
reached."  (10  L  R  A  823) 

4.  To  prescribe  the  text-books   to   be  used  in  the 
schools,  and  to  compel  a  uniformity  in  the  use  of  the 
same,  and  to  furnish  the  same  to  pupils  out  of  any 
moneys  provided  for  that  purpose.     (229) 

In  the  district  text-books  are  adopted  at  district  meeting. 
(580-2) 

The  district  is  not  permitted  to  furnish  free  text-books. 
(96)  The  board  of  education  may  furnish  them  only  when 
money  is  provided  by  the  union  free  school  district.  (583) 

When  a  text-book  has  been  adopted,  it  is  not  lawful  to 
supersede  the  text-book  so  adopted  by  any  other  book  within 
a  period  of  5  years  from  the  time  of  such  adoption,  except 
upon  a  |  vote  of  the  board  of  education.  (581) 

Any  person  violating  any  of  the  provisions  of  this  article 
is  liable  to  a  penalty  of  not  less  than  $50  nor  more  than  $100 
for  every  such  violation,  to  be  sued  for  by  any  taxpayer  of 
the  school  district,  and  recovered  before  any  justice  of  the 
peace,  said  fine,  when  collected,  to  be  paid  to  the  collector  or 
treasurer  for  the  benefit  of  said  school  district.  (582) 

5.  To  make  provision  for  the  instruction  of  pupils 
in  physiology  and  hygiene  with  special  reference  to  the 
effect    of   alcoholic    drinks,    stimulants    and    narcotics 
upon  the  human  system.     (229) 

This  requirement  is  also  saddled  upon  the  district.  (195) 
For  details  see  pages  201—5. 

6.  To  purchase  sites,  or  additions  thereto,  for  school- 
houses  for  the  district,  as  designated  by  a  meeting  of 
the  district;  and  to  construct  such  school-houses,  and 


Union   School]      Schoolhouses  331 

additions  thereto  as  may  be  so  designated',  to  purchase 
furniture  and  apparatus  for  such  school-houses ;  to  keep 
such  school-houses  and  the  furniture  and  apparatus 
therein  in  repair',  to  hire  rooms  in  which  to  maintain 
and  conduct  schools  when  the  rooms  in  the  school-houses 
are  overcrowded,  or  when  such  school-houses  are  destroyed, 
injured  or  damaged  by  the  elements,  and  to  fit  up  and 
furnish  such  rooms  in  a  suitable  manner  for  conducting 
schools  therein;  to  insure  the  school-houses  and  their 
furniture,  apparatus  and  appurtenances,  and  the  school 
library,  in  some  company  created  by  or  under  the  laws 
of  this  state,  or  in  some  insurance  company  authorized 
by  law  to  transact  business  in  this  state,  and  to  comply 
with  the  conditions  of  the  policy,  and  raise  the  sums 
paid  for  premiums  by  district  tax,  (229) 

These  are  in  general  the  powers  of  trustees,  but  except 
by  vote  of  the  district  trustees  may  not  expend  in  one 
year  more  than  $50  for  repairs ;  or  more  than  $25  of  the 
district's  money  for  library  and  apparatus.  As  this  last 
is  duplicated  by  the  state  (454)  the  amount  trustees 
may  spend  for  library  and  apparatus  is  $50  each  year.  Boards 
of  education  are  unlimited  in  these  powers.  (195,  6) 

A  board  of  education  in  a  union  free  school  district  con- 
taining a  population  of  5,000  or  more  may,  without  a  vote 
of  the  qualified  voters  of  said  district,  designate  sites  or  ad- 
ditions thereto  for  school-houses.  ( 1 17) 

The  provisions  as  to  condemnation  apply  to  union  free 
school  districts  and  to  districts  organized  under  special  laws. 
(122,  125) 

N»  addition  to  or  change  of  site  or  purchase  of  a 
new  site  or  tax  for  the  purchase  of  any  new  site  or 
structure,  or  for  the  purchase  of  an  addition  to  the 
site  of  any  school-house,  or  for  building  any  new 


332  Board  of  Education  [Part  II 

school-house  or  for  the  erection  of  an  addition  to  any 
school-house  already  built,  may  be  voted  unless  a 
notice  by  the  board  of  education  stating  that  such  tax 
will  be  proposed,  and  specifying  the  amount  and  ob- 
ject thereof,  has  been  published  once  in  each  week 
for  the  4  weeks  next  preceding  such  district  meeting, 
in  2  newspapers  if  there  shall  be  2,  or  in  1  newspaper 
if  there  shall  be  but  1,  published  in  such  district. 
(126) 

If  no  newspaper  is  then  published  therein,  the  said  notice 
must  be  posted  in  at  least  20  of  the  most  public  places  in  said 
district  20  days  before  the  time  of  such  meeting.  (126) 

In  a  common  school  district  the  notice  of  a  special  meeting 
to  authorize  any  of  the  improvements  enumerated  in  this  sec- 
tion is  given  by  serving  notice.  (86) 

7.  To  take  charge  and  possession  of  the  school-houses, 
sites,  lots,  furniture,  books,  apparatus,  and  all  school 
property  within  their  respective  districts.     (229)        |^ 

The  title  of  the  same  is  vested  respectively  in  said  board  of 
education,  and  the  same  is  to  be  subject  to  taxation  for  any 
purpose.  (229) 

Trustees  have  the  same  power.     (195) 

8.  To  sell,  when  thereto  authorized  by  a  vote  of  the 
qualified  voters  of  the  school-district,  any  former  school 
site  or  lot,  or  any  real  estate  the  title  to  which  is  vested 
in  the  board,  and  the  buildings    thereon,  and  appur- 
tenances or  any  part  thereof,  at  such  price  and  upon 
such  terms  as  said  voters  shall  prescribe,  and  to  convey 
the  same  by  deed  to  be  executed  by  the  board  or  a  majority 
of  the  members  thereof.     (229) 

All  moneys  arising  from  any  such^sale  are  to  be  used  and 
applied  for  the  benefit  of  the  school  district,  as  the  voters 
thereof  shall  by  resolution  direct.  (229) 

The  district  trustees  have  similar  power.     (120) 


Union  School]      Academies  333 

9.  To  take  and  hold  for  the  use  of  the  said  schools  or 
of  any  department  of  the  same,  any  real  estate  trans- 
ferred to  it  by  gift,  grant,  bequest  or  devise,  or  any  gift 
legacy  or  annuity,  of  whatever  kind,  given  or  bequeathed 
to  the  said  board,  and  apply  the  same,  or  the  interest  or 
proceeds  thereof,   according  to  the  instructions  of  the 
donor  or  testator.     (229) 

Trustees  have  similar  power.     (480) 

10.  To  have  in  all  respects,    the    superintendence , 
management  and  control  of  said  union  free  schools, 
and  to  establish  in  the  same  an  academic  department, 
whenever  in  their  judgment  the  same  is  warranted  by 
the  demand  for  such  instruction.     (229) 

Trustees  have  no  such  power. 

If  there  shall  exist  within  its  district  an  academy 
the  board  of  education,  if  thereto  authorized  by  a 
vote  of  the  voters  of  the  district,  may  adopt  such 
academy  as  the  academic  department  of  the  district, 
with  the  consent  of  the  trustees  of  the  academy,  and 
thereupon  the  trustees,  by  a  resolution  to  be  attested 
by  the  signatures  of  the  officers  of  the  board  and  filed 
in  the  office  of  the  clerk  of  the  county,  must  declare 
their  offices  vacant,  and  thereafter  the  said  academy 
becomes  the  academic  department  of  such  union  free 
school.  (236) 

The  board  of  education  when  thereto  authorized  by  a 
vote  of  the  qualified  voters  of  the  district  may  lease  said 
academy  and  site,  and  maintain  the  academic  department 
of  such  union  free  school  therein  and  thereon.  (236) 

TJie  board  of  education  of  a  union  free  school  dis- 
trict, with  the  approval  of  the  commissioner  of  ed- 


334  Board  of  Education  [Part  II 

ucation,  and  the  regents  of  the  university,  may 
adopt  an  academy  as  the  academic  department  there- 
of, and  contract  for  the  instruction  therein  of  pupils 
of  academic  grade,  residing  in  the  district.  (237) 

The  academy  thereupon  becomes  the  academic  depart- 
ment of  such  union  free  school,  and  the  district  is  entitled  to 
the  same  rights  and  privileges  is  subject  to  the  same  duties, 
and  the  apportionment  and  distribution  of  state  school 
money  shall  be  made  to  it,  as  if  an  academic  department  had 
been  established  in  such  school.  (237) 

If  there  is,  in  a  dissolved  union  free  school  district,  an  acad- 
emy which  has  been  adopted  as  the  academic  department  of 
the  union  free  school,  it  must,  upon  the  application  of  a 
majority  of  the  surviving  resident  former  trustees  or  stock- 
holders, be  transferred  by  the  board  of  education  to  said  for- 
mer trustees  or  stockholders.  (238) 

Every  academic  department  is  under  the  visita- 
tion of  the  regents  of  the  university,  and  is  subject, 
in  its  course  of  education  and  matters  pertaining 
thereto,  but  not  in. reference  to  the  buildings  in  which 
the  same  is  conducted,  to  all  the  regulations  made  in 
regard  to  academies  by  the  said  regents.  (239) 

In  such  departments  the  qualifications  for  the  entrance 
of  any  pupil  must  be  as  high  as  those  estabilshed  by  the  said 
regents  for  participation  in  the  literature  fund  of  any  academy 
of  the  state  under  their  supervision.  (239) 

The  regents  establish  in  the  academies  of  the  uni- 
versity examinations  in  studies  furnishing  a  suitable 
standard  of  graduation  from  academies  and  of  ad- 
mission to  colleges,  and  certificates  or  diplomas  are 
conferred  by  the  regents  on  students  who  satisfac- 
torily pass  such  examinations.  (1088) 

Any  person  must  be  admitted  to  these  examina- 
tions who  conforms  to  the  rules  and  pays  the  fees 


Union  School]     Academic  Fund  335 

prescribed  by  the  agents,  and  said  fees  may  not  ex- 
ceed $1  for  each  academic  branch,  or  $5  for  each 
higher  branch  in  which  the  candidate  is  examined; 
and  all  fees  received  may  be  used  by  the  regents  for 
expenses  of  examinations.  (1089) 

The  commissioner  of  education  apportions  the 
money  annually  appropriated  for  the  support  of 
cities,  academies,  academic  departments  and  librar- 
rier  in  accordance  with  regulations  established  or  to 
be  established  by  him  as  follows: 

It  will  be  observed  that  this  is  a  wholly  different  appro- 
priation from  the  school  moneys,  page  266. 

1.  To  each  city,  union  school  district  and  nonsec- 
tarian  academy  maintaining  an  academic  department, 
a  quota  of  $100  for  each  such  academic  department 
maintained    therein.     This    apportionment    shall   be 
known  as  the  academic  quota. 

2.  To  each  non-sectarian  private  academy  an  allow- 
ance equal  to  the  amount  raised  from  local  sources 
but  not  to  exceed  $250  annually  for  approved  books, 
standard  pictures  and  apparatus.     (453) 

3.  To  each  city  an  allowance  equal  to  the  amount 
raised  from  local  sources  but  not  to  exceed  $18  and 
$2  additional  for  each  duly  licensed  teacher  employed 
therein  for  the  legal  term,  and  $250  for  each  academic 
department  maintained  by  it  for  approved  standard 
pictures,  books  and  apparatus.     (453) 

4.  To  each  union  school  district  maintaining  an 
academic    department    an    allowance    equal    to    the 
amount  raised  from  local  sources,  but  not  to  exceed 
$268  annually  and  $20  additional  for  each  teacher 


336  Board  of  Education  [Part  II 

employed  in  said  district  for  the  legal  term  for  ap- 
proved books,  standard  pictures  and  apparatus.     (453 

5.  To  all  other  school  districts  an  allowance  equal 
to  the  amount  raised  from  local  sources  but  not  to 
exceed  $18  annually  and  $2  additional  for  each  duly 
licensed   teacher   employed   in   said   district   for  the 
legal  term  for  approved  books,   geographical  maps 
and  a  globe.     (453) 

6.  To  each  city  and  union  school  district  maintain- 
ing an  academic  department,  $20  per  year  for  at  least 
32  weeks'  instruction  or  a  proportionate  amount  if 
for  8  weeks  or  more  for  each  nonresident  pupil  attend- 
ing the  academic  department  of  such  school  from  dis- 
tricts not   maintaining  such   academic   departments 
and  who  is  admitted  to  such  academic  department 
without  other  expense  for  tuition  than  that  provided 
herein.     (453) 

7.  After  the  payment  of  the  allowances  herein  provided 
for  the  balance  is  divided  among  the  several  cities,  school 
districts  and  academies  maintaining  academic  departments 
on  the  basis  of  aggregate  days'  attendance  of  academic  pupils 
therein.      (453) 

8.  The  commissioner  sets  aside  at  the  beginning  of  the  fiscal 
year  a  sum  which  in  his  opinion  will  be  sufficient  to  pay  the 
allowances  for  books  and  apparatus  herein  provided  before 
making  the  other  apportionments  as  directed  by  this  article. 
The  allowance  for  books  and  apparatus  is  apportioned  and 
paid  as  often  during  each  year  as  the  commissioner  may  de- 
termine.    All  other  apportionments  above  provided  for  are 
made  so  far  as  possible  during  the  month  of  October  each  year 
on  the  basis  of  the  reports  of  the  previous  year.      (453) 

9.  To  entitle  a  city,   academy,   academic  department  or 
library  to  an  apportionment  from  this  fund  the  school  author- 
ities having  control  must  render  a  satisfactory  report  for  the 


Union  School]     Academic  Fund  337 

preceding  year  to  the  commissioner  of  education  before  Sept. 
20  in  each  year  unless  such  neglect  is  excused  by  the  commis- 
sioner for  sufficient  reason.  They  must  also  have  complied 
with  all  regents'  laws  and  ordinances  during  the  preceding 
academic  year.  (453) 

Payment  from  this  fund  is  made  to  the  county  treasurer 
•of  each  county  for  all  schools  located  in  such  county,  by  the 
state  treasurer  on  the  warrant  of  the  comptroller  on  the  cer- 
tificate of  the  commissioner  of  education.  (454) 

The  commissioner  of  education  immediately  after  making 
an  apportionment  certifies  to  the  county  treasurer  of  every 
county  included  in  such  apportionment  excepting  those 
•counties  included  within  the  territory  of  the  city  of  New 
York,  with  respect  to  his^county,  the  name  of  each  academy, 
the  number  of  each  school  district  and  the  town  in  which  it 
is  situated  and  the  name  of  each  city  to  which  money  has 
been  allotted  and  the  amount  allotted  to  each.  The  county 
treasurer,  upon  the  receipt  of  such  certificate  and  payment 
from  the  state  treasurer,  pays  to  the  treasurer,  if  there  be  one, 
otherwise  to  the  disbursing  officer  or  collector  of  each  school 
district,  academy  and  city  named  in  the  certificate  of  the 
•commissioner  of  education  the  amount  to  which  said  district, 
academy  or  city  is  entitled  as  shown  by  such  certificate.  (454) 

Any  apportionment  made  to  the  city  of  New  York  is  certified  and  paid 
to  the  chamberlain  of  the  city  of  New  York,  and  any  apportionment  made 
to  any  private  academy  therein  is  certified  and  paid  directly  to  the  disburs- 
ing officer  of  the  academy  to  which  the  apportionment  is  made.  (454) 

The  county  treasurers  of  the  state  must,  upon  Oct.  1  of 
•each  year  and  at  such  other  times  as  the  commissioner  of  ed- 
ucation may  require,  make  a  report  for  the  preceding  year 
to  the  commissioner  of  education,  showing  the  amount  of 
money  received  by  them  from  this  fund  and  the  school  dis- 
tricts, cities  or  academies  to  which  such  money  has  been  paid 
and  the  amount  paid  to  each,  and  the  amount,  if  any,  remain- 
ing in  their  hands  unclaimed  by  any  school  district,  city  or 
academy  together  with  any  other  fact  relative  to  the  dis- 
bursement of  this  fund  which  said  commissioner  may  re- 
quire. (455) 


338  Board  of  Education  [Part  II 

To  receive  into  said  union  free  schools  any  pupils 
residing  out  of  said  district,  and  to  regulate  and  estab- 
lish ike  tuition  fees  of  such  nonresident  pupils  in  the 
several  departments  of  said  schools .  (229) 

If  such  nonresident  pupils,  their  parents  or  guardians,  are 
liable  to  be  taxed  for  the  support  of  said  schools  in  the  dis- 
tricts, or  either  of  them,  on  account  of  owning  property 
therein,  the  amount  of  any  such  tax  paid  by  a  nonresident 
pupil,  his  parent  or  guardian,  must  be  deducted  from  the 
charge  for  tuitions.  (229) 

Trustees  have  the  same  power.     (195)     See  page  173 

The  state  makes  an  allowance  of  $20  a  year  for 
each  non-resident  pupil  from  districts  not  maintaining' 
an  academic  department,  provided  he  is  admitted 
without  further  charge  for  tuition.  (453) 

To  provide  fuel,  furniture,  apparatus  and  other 
necessaries  for  the  use  of  said  schools,  and  to  appoint 
such  librarians  as  they  may  from  time  to  time  deem  nec- 
essary. (229) 

They  have  already  been  authorized  (229;  see  page  330)  to 
provide  furniture  and  apparatus.  The  power  of  the  trustees 
to  provide  fuel  and  other  necessaries  without  vote  of  the 
district  is  limited  to  $50.  (195)  Trustees  also  appoint  the 
librarian.  (1045) 

11.  To  contract  with  and  employ  qualified  teachers, 
to  determine  the  number  of  teachers  to  be  employed  in 
the  several  departments  of  instruction  in  said  school, 
and  at  the  time  of  such  employment  to  make  and  deliver 
to  each  teacher  a  written  contract.  (229,  562) 

Trustees  have  the  same  power.     (195) 

No  person  who  is  related  by  blood  or  marriage  to 
any  member  of  a  board  of  education  shall  be  employed 
as  a  teacher  by  such  board,  except  upon  the  consent 


Union  School]         Powers  339 

in  writing  of  f  of  the  members  thereof,  to  be  entered 
upon  the  proceedings  of  the  board.     (564) 

In  common  districts  this  consent  must  be  by  district  meet- 
ing. (564) 

12.  To  fill  any  vacancy  which  may  occur  in  said 
board  by  reason  of  the  death,  resignation,  removal  from 
office  or  from  the  school  district,  or  refuse  to  serve,  of 
any  member  or  officer  of  said  board.     (229) 

The  person  so  appointed  in  the  place  of  any  such  member 
of  the  board  holds  office  until  the  next  election  of  trustees. 
In  case  of  the  failure  of  such  board  to  fill  such  vacancy,  and 
in  case  no  special  election  is  ordered  for  filling  the  same  for 
a  period  of  30  days,  the  same  may  be  filled  by  the  school 
commissioner  having  jurisdiction.  The  commissioner  of  ed- 
ucation may  order  a  special  election  to  be  held  in  any  district 
for  the  purpose  of  filling  such  vacancy,  and  when  such  special 
election  is  ordered  the  vacancy  must  not  be  filled  otherwise. 
(229.  See  D  4343,  4404) 

In  common  districts  a  vacancy  is  filled  by  the  district 
meeting.  (150) 

13.  To  remove  any  member  of  their  board  for  official 
misconduct.     (229) 

A  written  copy  of  all  charges  made  of  such  misconduct 
must  be  served  upon  him  at  least  10  days  before  the  time 
appointed  for  a  hearing  of  the  same ;  and  he  must  be  allowed 
a  full  and  fair  opportunity  to  refute  such  charges  before 
removal.  (229) 

A  trustee  can  be  removed  only  by  the  commissioner  of  ed- 
ucation. (338) 

14.  To  provide  and  maintain  suitable  and  conven- 
ient waterclosets.     (229) 

They  must  provide  and  maintain  suitable  and  convenient 
water-closets  or  privies  for  each  of  the  schools  under  their 
charge,  at  least  two  in  number.  Any  expense  incurred  by 
said  board  in  carrying  out  the  foregoing  provisions  is  a  charge 


340  Board  of  Education  [Part  II 

upon  the  district ;  and  a  tax  may  be  levied  therefor  without  a 
vote  of  the  district.     (116) 

In  common  districts  the  expense  must  be  approved  by 
the  school  commissioner.  (116) 

15.  To  borrow  money  in  anticipation  of  taxes  re- 
maining uncollected  which  have  been  levied  by  such 
district  for  the  current  fiscal  year,  and  not  in  excess 
thereof.     (229) 

This  may  be  done  when  it  seems  necessary  to  do  so  for 
the  purpose  of  paying  the  current  expenses  of  the  district 
for  the  current  fiscal  year,  by  issuing  certificates  of  indebted- 
ness, in  the  name  of  the  board  of  education,  signed  by  the 
president  and  clerk  thereof,  which  certificates  must  be  pay- 
able within  such  current  fiscal  year  or  within  9  months 
thereafter,  and  bear  interest  at  a  rate  not  exceeding  6%  per 
annum.  (229) 

Trustees  must  levy  a  tax  for  this  purpose.     (195) 

16.  In  any  incorporated  village  or  union  free  school 
district  having  a  population  of  5000   and  upwards, 
the  board  of  education  may  appoint  a  superintendent 
of  schools.      (230) 

Such  superintendent  is  under  the  direction  of  the  board 
of  education,  which  prescribes  his  powers  and  duties  He  is 
paid  a  salary  from  the  teachers'  fund,  to  be  fixed  by  the  board 
of  education,  and  he  may  be  removed  from  office  by  a  vote 
of  the  majority  of  all  the  members  of  such  board.  When- 
ever such  superintendent  is  appointed,  the  district  is  entitled 
to  the  benefits  of  the  superintendents'  quota.  (230,  432) 

Trustees  have  no  such  power. 

The  commissioner  of  education  will  not  allot  a  supervision 
quota  unless  satisfied  that  the  city  or  district  employs  a  com- 
petent person  as  superintendent  whose  time  is  exclusively 
devoted  to  the  general  supervision  of  the  public  schools  of 
such  city  or  district ;  nor  make  any  allotment  to  any  district 
in  the  first  instance  without  first  causing  an  enumeration  of 
the  inhabitants  thereof  to  be  made  which  shows  the  popu- 


Union    School]    Teachers'    Classes  341 

lation  thereof  to  be  at  least  5,000,  the  expense  of  which  enum- 
eration, as  certified  by  said  commissioner,  must  be  paid  by 
the  district  in  whose  interest  it  is  made.  The  population 
shown  by  the  last  state  or  federal  census  or  village  enumer- 
ation may  be  accepted  by  said  commissioner  whenever  the 
village  and  school  district  boundaries  coincide.  (452) 

17.  To  maintain  a  teachers*  class,  when  designated 
to  do  so.  (640) 

The  commissioner  of  education  designates  the  academies 
and  union  schools  in  which  instruction  in  the  science  and 
practice  of  common  school  teaching  is  given,  distributing 
them  among  the  school  commissioner  districts  of  the  state, 
as  nearly  as  may  be,  having  reference  to  the  number  of  school 
districts  in  each,  to  location  and  to  the  character  of  the  in- 
stitution selected.  (640) 

Every  academy  and  union  school  so  designated 
must  instruct  a  class  of  not  less  than  10  nor  more 
than  25  scholars,  and  every  scholar  admitted  to  such 
class  must  continue  under  instruction  not  less  than 
36  weeks.  (641) 

Whenever  it  shall  be  shown  to  the  satisfaction  of  the  com- 
missioner of  education  that  any  pupil  attending  such  classes 
has  been  prevented  from  attending  the  same  for  the  full  term 
of  36  weeks,  or  that  for  any  reason  satisfactory  to  such  com- 
missioner, said  classes  have  not  been  held  for  the  full  term  of 
36  weeks  or  have  been  attended  by  less  than  10  members, 
such  commissioner  may  excuse  such  default  and  allow  to  the 
trustees  of  the  academy  or  union  free  school  in  which  said 
classes  have  been  instructed  an  equitable  allowance  propor- 
tionate to  the  number  of  pupils  and  period  of  instruction. 
(641) 

The  commissioner  prescribes  the  conditions  of 
admission  to  the  classes,  the  course  of  instruction 
and  the  rules  and  regulations  under  which  said  in- 
struction is  given,  and  determines  the  number  of 


342  Board  of  Education          [Part  II 

classes  which  may  be  formed  in  any  one  year,  in  an 
academy  or  union  school,  and  the  length  of  time  ex- 
ceeding 16  weeks  during  which  such  instruction  may 
be  given.  (641) 

Instruction  is  free  to  all  scholars  admitted  to  such 
classes,  who  have  continued  in  them  the  length  of 
time  required.  (641,  642) 

The  trustees  of  all  academies  and  union  schools 
in  which  such  instruction  is  given  are  paid  at  the  rate 
of  $1  for  each  week's  instruction  to  each  scholar  who 
has  attended  for  the  term  of  time  required  on  the 
certificate  of  the  commissioner  of  education,  to  be 
furnished  to  the  comptroller.  (641,  643) 

The  commissioner  of  education  apportions  $700 
to  each  academy  and  union  free  school  district  which 
has  maintained  a  training  class.  (462) 

Any  institution  instructing  a  teachers'  training  class,  or 
any  union  free  school,  may  have  the  free  use  of  the  lantern 
slides  and  other  pictorial  apparatus  provided  by  the  educa- 
tion department,  upon  the  payment  to  the  superintendent 
of  schools  loaning  the  same  of  necessary  expenses  incurred 
in  such  use  or  for  any  loss  or  injury  to  said  property.  Said 
commissioner  may,  from  time  to  time,  establish  the  rules 
and  regulations  and  make  and  enter  into  the  contracts  neces- 
sary for  carrying  out  the  provisions  of  this  article.  (780) 

Such  classes  are  under  the  visitation  of  the  school 
commissioner,  who  examines  the  classes  and  issues 
teachers'  certificates  to  those  found  worthy.  (644) 

18.  To  appoint  one  of  their  number,  or  a  qualified 
voter  in  said  district,  and  a  person  other  than  a  trustee 
or  a  teacher  employed  in  said  district,  as  clerk  of  the 
board  of  education  of  such  district .  ( 1 74) 


Union  School]         Officers  343 

Sxich  clerk  acts  as  clerk  of  said  district,  and  performs  all 
the  clerical  and  other  duties  pertaining  to  his  office.  (174) 

In  common  districts  the  clerk  is  elected  by  the  district 
meeting,  (96)  and  is  so  elected  in  all  the  districts  of  the 
towns  of  Cortland  and  White  Plains  in  Westchester  county. 
(174) 

For  his  services  he  is  entitled  to  receive  such  compensation 
as  is  fixed  at  an  annual  meeting  of  the  qualified  voters  of 
such  district.  In  case  110  provision  is  made  at  an  annual 
meeting  of  the  inhabitants  for  the  compensation  of  a  clerk, 
then  and  in  that  case  the  board  of  education  have  power  to 
fix  the  same.  They  also  have  power  to  supply,  by  appoint- 
ment, any  vacancy  in  the  office  of  such  clerk,  occasioned  by 
death,  resignation,  removal  from  the  district  or  otherwise. 
(174) 

19.  To  appoint,  if  the  limits  of  the  district  are  not 
coterminous  with  those  of  a  village  or  city,  one  of  the 
taxable  inhabitants  of  their  district  treasurer,  and  fix 
his  compensation,  and  another  collector  of  the  moneys 
to  be  raised  within  the  same  for  school  purposes,  who 
severally  hold  such  appointments  during  the  pleasure 
of  the  board.     (174,  233) 

Such  treasurer  and  collector  must  each,  and  within  10  days 
after  notice  in  writing  of  his  appointment,  duly  served  upon 
him,  and  before  entering  upon  the  duties  of  his  office,  ex- 
ecute and  deliver  to  the  said  board  of  education  a  bond,  with 
such  sufficient  penalty  and  sureties  as  the  board  may  require, 
conditioned  for  the  faithful  discharge  of  the  duties  of  his  of- 
fice ;  and  in  case  such  bond  be  not  given  within  the  time  spec- 
ified, such  office  thereby  becomes  vacant,  and  the  board  must 
thereupon,  by  appointment,  supply  such  vacancy.  (174) 

In  common  districts  the  collector  and  treasurer  are  elected 
by  the  district  meeting.  (96) 

20.  To  have  printed  in  the  manual  for  teachers  the 
regulations  as  to  fire  drills.     (723) 

It  is  the  duty  of  the  principal  or  other  person  in 


344  Board  of  Education  [Part  II 

charge  of  every  public  or  private  school  or  educa- 
cational  institution  within  the  state,  except  colleges 
and  universities,  having  more  than  100  pupils,  to  in- 
struct and  train  the  pupils  by  means  of  fire  drills, 
so  that  they  may  in  a  sudden  emergency  be  able  to 
leave  the  school  building  in  the  shortest  possible 
time  and  without  confusion  or  panic.  Such  drills 
or  rapid  dismissals  must  be  held  at  least  once  in  each 
month.  (720) 

Neglect  by  any  principal  or  other  person  in  charge  of  any 
public  or  private  school  or  educational  institution  to  comply 
with  the  provisions  of  this  article  is  a  misdemeanor  punish- 
able at  the  discretion  of  the  court  by  fine  not  exceeding  $50; 
such  fine  to  be  paid  to  the  pension  fund  of  the  local  fire  de- 
partment where  there  is  such  a  fund.  (721) 

21.  To  present  at  the  annual  meeting  of  the  district t 
besides  any  other  report  or  statement  required  by  law, 
a  detailed  statement  in  writing  of  the  amount  of  money 
which  will  be  required  for  the  ensuing  year  for  school 
purposes,  exclusive  of  the  public  moneys,  specifying 
the  several  purposes  for  which  it  will  be  required,  and 
the  amount  for  each.  (242) 

The  board  may  also  present  such  statement  at  any  special 
meetings  called  for  the  purpose,  and  may  present  a  supple- 
mentary and  amended  statement  or  estimate  at  any  time. 
(242) 

If  the  district  maintains  a  general  industrial  or 
trade  school  the  board  must  include  in  its  estimate  of 
anticipated  expenses  the  amount  that  will  be  required 
to  maintain  such  schools  after  applying  toward  the 
maintenance  thereof  the  amount  apportioned  there- 
for by  the  commissioner  of  education.  (242,  247, 
824) 


Union  School]     Contingent  Expenses         345 

After  the  presentation  of  such  statement  or  esti- 
mate, the  question  must  be  taken  upon  voting  the 
necessary  taxes  to  meet  the  estimated  expenditures,, 
and  when  demanded  by  any  voter  present,  the  ques- 
tion must  be  taken  upon  each  item  separately.  The 
inhabitants  may  increase  the  amount  of  any  esti- 
mated expenditures  or  reduce  the  same,  except  for 
teachers'  wages,  and  the  ordinary  contingent  expenses 
of  the  schools.  (243) 

Such  amount  must  thereafter  be  levied,  assessed  and  raised' 
by  tax  upon  the  taxable  property  of  the  district  at  the  time- 
and  in  the  manner  that  other  taxes  for  school  purposes  are 
raised  in  such  district.  (824) 

22.  To  levy  a  tax  for  teachers' wages,  after  applying 
thereto  the  public  school  moneys,  and  other  moneys  re- 
ceived or  to  be  received  for  that  purpose,  or  for  ordinary 
contingent  expenses,  if  the  inhabitants  neglect  ot  refuse 
to  vote  the  sum  estimated  necessary.  (240,  244) 

Trustees  have  this  power  as  to  teachers'  wages,  but  not  as 
to  contingent  expenses.  (195) 

If  any  question  shall  arise  as  to  what  are  ordinary  contin- 
gent expenses  the  same  may  be  referred  to  the  commissioner 
of  education,  by  a  statement  in  writing,  signed  by  one  or 
more  of  each  of  the  opposing  parties  upor  the  question,  and 
the  decision  of  the  commissioner  is  conclusive.  (245) 

Any  person  conceiving  himself  aggrieved  by  the  action, 
proceedings  or  decision  of  any  special  meeting,  or  by  the  or- 
der, decision,  action  or  proceedings  of  any  school  commission- 
er, may,  appeal  therefrom  to  the  commissioner  of  edu- 
cation, who  is  hereby  authorized  and  required  to  examine 
and  decide  the  same;  and  his  decision  is  final  and  conclusive. 
(246) 

All  moneys  raised  for  the  use  of  union  free  schools 
whose  limits  are  not  coterminous  with  those  of  a  city 


346  Board  of  Education  [Part  II 

or  an  incorporated  village,  or  apportioned  from  the 
income  of  the  literature  or  common  school  or  United 
States  deposit  funds,  or  otherwise,  are  paid  to  the 
respective  treasurers  of  the  said  several  boards  of  ed- 
ucation entitled  to  receive  the  same,  and  to  be  by 
them  applied  to  the  uses  of  said  several  boards.  (234) 

These  boards  must  annually  render  their  accounts  of  all 
moneys  received  and  expended  by  them  for  the  use  of  said 
schools,  with  every  voucher  for  the  same,  and  certified  copies 
of  all  orders  of  the  said  boards  touching  the  same,  to  the 
school  commissioner  of  the  district  in  which  the  principal 
school-house  of  the  district  is  located.  No  money  may  be 
drawn  from  such  funds  in  possession  of  such  treasurer,  unless 
in  pursuance  of  a  resolution  of  said  board,  and  on  drafts 
drawn  by  the  president  and  countersigned  by  the  clerk,  or 
secretary,  payable  to  the  order  of  the  persons  entitled  to  re- 
ceive such  money,  and  stating  on  their  face  the  purpose  or 
service  for  which  said  moneys  have  been  authorized  to  be 
paid  by  the  said  board  of  education  (234) 

It  is  the  duty  of  the  board  of  education,  to 
have  reference  in  all  expenditures  and  contracts 
to  the  amount  of  moneys  appropriated,  or  sub- 
ject to  their  order  or  drafts,  during  the  current  year, 
and  not  to  exceed  that  amount.  All  the  moneys  ap- 
portioned to  the  common  school  districts  under  their 
charge  must  be  applied  to  the  departments  below  the 
academic;  and  all  moneys  from  the  literature  fund  or 
otherwise,  appropriated  for  the  support  of  the  aca- 
demic department,  to  said  academic  department. 
(232) 

23.  To  keep  an  accurate  record  of  all  its  proceedings 
in  books  provided  for  that  purpose, ,  open  for  public 
inspection  at  all  reasonable  hours.  (241) 


Union  School]         Report  347 

The  board  must  cause  to  be  published  once  in  each  year, 
and  20  days  next  before  the  annual  meeting  of  the  district, 
in  at  least  one  public  newspaper,  printed  in  such  district, 
a  full  and  detailed  account  of  all  moneys  received  by  the 
board  or  the  treasurer  of  said  district,  for  its  account  and  use, 
and  of  all  the  money  expended  therefor,  giving  the  items  of 
expenditure  in  full;  should  there  be  no  paper  published  in 
said  district  the  board  must  publish  such  account  by  notice 
to  the  taxpayers  by  posting  copies  thereof  in  5  public  places 
in  said  district.  (241) 

No  member  of  said  board  shall  be  personally  interested 
in  any  contract  made  by  said  board.  (241) 

Trustees  are  required  to  make  an  annual  report  to  the  dis- 
trict meeting.  (200) 

Every  union  free  school  district,  in  all  its  depart- 
ments, is  subject  to  the  visitation  of  the  commis- 
sioner of  education.  He  is  charged  with  the  general 
supervision  of  its  board  of  education  and  their  man- 
agement and  conduct  of  all  its  departments  of  in- 
struction. (341) 

24.  To  make  annually,  on  Aug.  1,  to  the  school  com- 
missioner having  jurisdiction,  and  deposit  in  the  town 
clerk's  office,  a  report  for  the  school  year  ending  July 
31  preceding,  of  all  matters  concerning  which  trustees 
of  a  school  district  are  required  to  report,  and  concerning 
all  such  other  matters  as  the  commissioner  of  education 
shall,  from  time  to  time,  require.     (200,  341) 

Whenever  thereto  required  by  the  commissioner  of  edu- 
cation, they  must  report  fully  to  him  upon  any  particular 
matter;  and  such  report  must  be  in  such  form,  and  so  authen- 
ticated, as  such  commissioner  may,  from  time  to  time,  re- 
quire. (341) 

25.  To  call  special  meetings  of  the  inhabitants  of 


348  Board  of  Education  [Part  II 

their  respective  districts  whenever  they  deem  it  necessary 
and  proper.     (88,  126) 

Trustees  have  the  same  power.     (86,   126,  195) 

Other  Union  Free  School  District  Officers 

The  duties  of  the  clerk,  collector  and  treasurer  of 
a  union  free  school  district  are  nearly  identical  with 
those  of  the  same  officers  in  common  school  districts. 

The  attendance  officer  is  appointed  by  the  board 
of  education,  instead  of  by  the  town  board  as  in  com- 
mon districts.  (535) 

The  clerk  gives  notice  of  the  time  and  place  of  the  annual 
meeting.  (83,  126) 

In  Little  Falls  the  attendance  officer  ran  after  a  child  in 
the  face  of  an  approaching  train,  when  the  child  was  not  a 
truant  and  was  with  his  father,  and  against  the  express  com- 
mands of  the  father,  and  the  boy  was  killed.  Suit  was 
brought  against  the  board  as  responsible  for  appointing  an 
improper  person,  but  the  court  held  that  the  attendance 
officer  is  a  creation  of  the  statute,  the  board  of  education  is 
required  to  appoint  him,  and  the  board  is  not  responsible. 
(53  N  Y  75) 


CHAPTER  XXVI 
Village  Schools 

Some  special  provisions  are  made  for  union  free 
school  districts  when  their  boundaries  are  coterminous 
with  those  of  a  village.  Except  as  mentioned  in  this 
chapter  the  school  law  is  the  same  with  regard  to  vil- 
lage schools  as  in  regard  to  union  free  school  districts 
not  coterminous  with  a  village. 

We  have  already  mentioned  that  in  such  school  districts: 

(a)  The  election  is  at  the  same   time  with  the  regular 
charter  election.     (22) 

(b)  A  change  in  the  number  of  members  of  the  board  must 
be  made  at  a  special  election.  (226) 

(c)  The   annual  meeting  is  the   Tuesday  next  after  the 
charter  election.      (225) 

In  any  union  free  school  district  within  the  limits 
of  which  there  is  territory  of  2  or  more  incorporated 
villages,  the  board  of  trustees  of  any  village  whose 
entire  district  is  within  said  school  district  may  call 
a  special  meeting  of  the  voters,  duly  qualified  under 
this  chapter  to  vote  at  a  school  meeting,  to  deter- 
mine whether  that  portion  of  any  such  school  district 
comprising  the  village  holding  such  special  meeting, 
shall  be  separated  from  such  school  district  and  be 
a  separate  union  free  school  district  with  limits  cor- 
responding with  the  limits  of  such  village.  (28) 

Notice  of  the  time  and  place  of  any  such  special  meeting 
must  be  published  by  the  board  of  trustees  calling  the  same, 
once  a  week  for  2  successive  weeks  in  each  newspaper  actually 

(349) 


350  Village  Schools  [Part  III 

printed  and  published  in  such  village,  and  if  there  be  no  such 
newspaper  published  in  such  village,  such  notice  shall  then 
be  given  by  posting  in  at  least  10  conspicuous  places  in  said 
village.  (28) 

When  a  union  free  school  district  contained  parts  of  two 
villages,  one  of  the  villages  may  not  reduce  its  boundaries 
by  excluding  the  part  outside  the  district  to  enable  it  to  vote 
on  the  question  of  withdrawal  from  the  school  district.  (86 
N  E  26) 

The  village  clerk  of  the  village  holding  such  special  meeting  shall  cause 
to  be  prepared  and  furnished  for  the  use  of  the  voters  at  any  such  special 
meeting  ballots,  which  shall  conform  as  near  as  may  be  to  the  election  law, 
in  favor  of  and  against  organizing  the  territory  within  such  village  into  a 
separate  ochool  district.  The  members  of  the  board  of  trustees  of  any  vil- 
lage holding  such  special  meeting  shall  act  as  inspectors  and  shall  canvass 
the  votes  cast,  and  if  a  majority  thereof  shall  be  in  favor  of  constituting  the 
territory  within  such  village  a  separate  school  district  said  board  of  trustees 
shall  forthwith  certify  the  result  of  such  canvass  to  the  school  commissioner 
of  the  school  commissioner  district  in  which  such  village  is  situated;  and  said 
school  commissioner  shall  thereupon  declare  by  certificate  under  his  hand 
the  territory  within  such  village  limits  a  separate  school  district  and  des- 
ignate it  as  union  free  school  district  number of  the  town 

of (29) 

If  at  the  time  of  the  organization  of  any  school  district  as  thus  provided 
and  the  election  of  a  board  of  education,  there  shall  be  any  outstanding 
bonded  or  other  indebtedness  chargeable  against  the  school  district  of  which 
the  territory  so  separately  organized  was  a  part,  the  school  commissioner 
must  apportion  said  indebtedness  between  the  newly  organized  district 
and  the  remaining  portion  of  the  old  district  according  to  the  assessed  val- 
uation of  each  and  the  amounts  of  said  indebtedness  so  apportioned  become 
a  charge  for  principal  and  interest  upon  the  respective  districts  as  though 
the  same  had  been  incurred  by  said  districts  separately.  (30) 

Nothing  herein  must  prevent  any  child  of  school  age  re- 
siding in  any  part  of  a  school  district  so  divided  from  attend- 
ing school  in  the  part  of  the  district  remaining  after  any  such 
decision  until  the  close  of  the  school  year  in  which  such  divis- 
ion was  made,  provided,  however,  that  the  tax  for  said  school 
year  has  theretofore  been  levied  on  the  real  and  personal 
property  of  the  school  district  before  the  division  for  the  sup- 
port of  such  school  for  the  current  school  year.  (3 1) 


Village]  Levying  Tax  351 

The  corporate  authorities  of  any  incorporated  vil- 
lage or  city  in  which  a  union  free  school  is  established, 
have  power,  and  it  is  their  duty,  to  raise,  from  time 
to  time,  by  tax,  to  be  levied  upon  all  the  real  and  per- 
sonal property  in  said  city  or  village,  as  by  law  pro- 
vided for  the  defraying  of  the  expenses  of  its  munici- 
pal government,  such  sum  as  the  board  of  education 
established  therein  shall  declare  necessary  for  teach- 
ers' wages  and  the  ordinary  contingent  expenses  of 
supporting  the  schools  of  said  district.  (247) 

The  sums  so  declared  necessary  must  be  set  forth  in  a  de- 
tailed statement  in  writing,  addressed  to  the  corporate  au- 
thorities by  the  board  of  education,  giving  the  various  pur- 
poses of  anticipated  expenditure,  and  the  amount  necessary 
for  each;  and  the  said  corporate  authorities  have  no  power 
to  withhold  the  sums  so  declared  to  be  necessary.  (247) 

Such  corporate  authorities  have  power,  and  it  is  their 
duty  to  raise,  from  time  to  time,  by  tax  as  aforesaid,  any  such 
further  sum  to  be  set  forth  in  a  detailed  statement  in  writing, 
addressed  to  the  corporate  authorities  by  the  board  of  edu- 
cation, giving  the  various  purposes  of  the  proposed  expendi- 
ture, and  the  amount  necessary  for  each  which  may  have 
been  or  which  may  hereafter  be  authorized  by  a  majority  of 
the  voters  of  such  union  free  school  district  present  and  vot- 
ing at  any  special  district  meeting  duly  convened.  (126,  247) 

These  provisions  apply  to  all  union  free  schools  heretofore 
organized  (248) 

It  will  be  observed  that  the  board  of  education  still  has 
power  to  name  the  amount  necessary  for  teachers'  wages  and 
contingent  expenses.  (244) 

All  moneys  raised  for  the  use  of  the  union  free 
schools  in  any  city  or  incorporated  village,  or  appor- 
tioned to  the  same  from  the  income  of  the  literature, 
common  school  or  United  States  deposit  funds,  or 


352  Village  Schools  [Part  III 

otherwise,  must  be  paid  into  the  treasury  of  such  city 
or  village  to  the  credit  of  the  board  of  education  there- 
in; and  the  funds  so  received  into  such  treasury  must 
be  kept  separate  and  distinct  from  any  other  funds 
received  into  the  said  treasury.  (233) 

The  officer  having  the  charge  thereof  must  give  such  ad- 
ditional security  for  the  safe  custody  thereof  as  the  corporate 
authorities  of  such  city  or  village  may  require.  No  money 
may  be  drawn  from  such  funds,  credited  to  the  several  boards 
of  education,  unless  in  pursuance  of  a  resolution  of  said  board, 
and  on  drafts  drawn  by  the  president  and  countersigned  by 
the  secretary  or  clerk,  payable  to  the  order  of  the  persons 
entitled  to  receive  such  money,  and  stating  on  their  face  the 
purpose  or  service  for  which  such  moneys  have  been  author- 
ized to  be  paid  by  the  said  board  of  education.  (233) 

Other  union  free  school  districts  have  their  own  treasurer. 
(174) 

Facilities-  for  instruction  in  natural  history,  geogra- 
phy and  kindred  subjects,  by  means  of  pictorial  repre- 
sentation and  lectures,  are  free  to  the  common  schools 
of  each  city  and  village  of  the  state  that  has,  or  may 
have  a  superintendent  of  common  schools.  (780) 

The  local  school  authorities  may,  in  their  discretion,  cause 
the  aforesaid  illustrated  lectures  to  be  repeated  to  their  ar- 
tisans, mechanics  and  other  citizens  on  the  legal  holidays  and 
at  other  times.  (780) 

The  annual  report  of  each  school  superintendent  to  the  de- 
partment of  education  must  contain  a  full  statement  of  the 
extent  to  which  the  instructions  described  may  be  given  and 
his  judgment  of  the  usefulness  of  the  same.  (781) 

In  other  union  free  schools  this  privilege  has  been  granted 
only  payment  of  necessary  expenses  (780) ,  but  is  to  be  ex- 
tended. 

The  real  estate  owned  by  a  free  public  library, 
situate  in  any  village  of  the  3d  or  4th  class,  may  not 


Village]  Training    Schools  353 

be  taxed  as  to  that  portion  thereof  leased  or  other- 
wise used  for  purposes  of  income,  when  such  income 
is  necessary  for  and  actually  applied  to  the  mainte- 
nance and  support  of  such  library.  (62:  1909) 

When  bonds  are  sold  by  a  union  free  school  district 
whose  boundaries  are  coterminous  with  these  of  an 
incorporated  village  or  city,  such  bonds  must  be 
signed  by  the  president  and  clerk  of  the  board  of  ed- 
ucation and  delivered  to  the  treasurer  of  such  village 
or  city,  who  countersigns  them  and  gives  notice  of 
the  sale  thereof  in  like  manner  as  in  the  union  schools. 
(430) 

The  proceeds  of  the  sale  of  such  bonds  must  be  paid  into  the 
treasury  of  said  incorporated  village  or  city,  to  the  credit  of 
the  board  of  education.  (430) 

A  board  employing  a  superintendent  of  schools, 
may  establish,  maintain,  direct  and  control  one  or  more 
training  schools  or  classes  for  the  professional  instruc- 
tion and  training  of  teachers  in  the  principles  of  edu- 
cation and  in  the  method  of  instruction  for  not  less  than 
38  weeks  in  each  school  year.  (645) 

Other  union  free  schools  can  maintain  teachers'  classes 
only  when  designated  by  the  commissioner  of  education. 
(640) 

In  cities,  and  villages  of  5,000  population  employing 
a  superintendent,  the  lower  age  of  compulsory  attend- 
ance is  7  instead  of  8,  as  in  other  districts.  (530) 

In  all  villages  children  of  the  age  of  12  and  over  may 
be  employed  during  the  summer  vacation  (Labor  Law, 
Sec.  70-76,  161-67). 

This  is  not  permitted  in  other  districts.     See  page  187. 


354  Village  Schools  [Part  III 

Children  between  12  and  16  years  of  age  employed  in 
villages  during  the  summer  vacation  in  mercantile  or  other 
establishments  above  mentioned  must  secure  vacation  cer- 
tificates which  are  issued  by  local  boards  of  health,  the  re- 
quirements being  the  same  as  for  a  labor  certificate  except 
that  a  school  record  is  not  required.  Such  children  must 
be  able  to  read  and  write  simple  sentences  in  the  English 
language.  (Idem.  Sec.  162-66) 

In  villages  and  cities  which  at  the  last  preceding 
state  enumeration  had  a  population  of  3,000  or  more, 
no  child  under  the  age  of  16  years  may  be  employed, 
permitted  or  suffered  to  work  in  or  in  connection  with 
any  mercantile  establishment,  business  office,  or  tele- 
graph office,  restaurant,  hotel,  apartment  house,  or 
in  the  distribution  or  transmission  of  merchandise 
or  messages,  more  than  59  hours  in  any  one  week,  or 
more  than  9  hours  in  any  one  day,  or  before  7  o'clock 
in  the  morning  or  after  10  o'clock  in  the  evening-  of 
any  day.  But  in  cities  of  the  1st  class  no  child  under 
the  age  of  16  years  may  be  employed,  permitted  or 
suffered  to  work  in  or  in  connection  with  any  such  es- 
tablishment after  7  o'clock  in  the  evening  of  any  day. 
No  female  employee  between  16  and  21  years  of  age 
may  be  required,  permitted  or  suffered  to  work  in  or 
in  connection  with  any  mercantile  establishment 
more  than  60  hours  in  any  one  week ;  or  more  than  10 
hours  in  any  one  day,  unless  for  the  purpose  of  mak- 
ing a  shorter  work  day  of  some  one  day  of  the  week; 
or  before  7  o'clock  in  the  morning  or  after  10  o'clock 
in  the  evening  of  any  day.  (36:  1909) 

This  section  does  not  apply  to  the  employment  of  persons 
sixteen  years  of  age  or  upward  on  Saturday,  provided  the 
total  number  of  hours  of  labor  in  a  week  of  any  such  person 


Village]  The  Labor  Law  355 

does  not  exceed  60  hours,  nor  to  the  employment  of  such 
persons  between  Dec.  15  and  Jan.  1.  Not  less  than  45 
minutes  shall  be  allowed  for  the  noonday  meal  of  the  em- 
ployees of  any  such  establishment.  (36:1909) 

No  child  under  the  age  of  14  years  shall  be  employed 
or  permitted  to  work  in  or  in  connection  with  any 
mercantile  or  other  business  or  establishment  specified 
in  the  preceding  section,  except  that  a  child  upward 
of  12  years  of  age  may  be  employed  therein  in  villages 
and  cities  of  the  2d  or  3d  class  during  the  summer  va- 
cation of  the  public  schools  of  the  city  or  district 
where  such  establishment  is  situated.  No  child  under 
the  age  of  16  years  shall  be  so  employed  or  permitted 
to  work  unless  an  employment  certificate,  issued  as 
provided  in  Par.  71-73,  shall  have  been  theretofore 
filed  in  the  office  of  the  employer  at  the  place  of  em- 
ployment of  such  child.  (293:  1909) 

The  owner,  manager  or  agent  of  a  mercantile  or  other  es- 
tablish mert  employing  children,  shall  keep  or  cause  to  be 
kept,  in  the  office  of  such  establishment,  a  register,  in  which 
shall  be  recorded  the  name,  birthplace,  age  and  place  of  resi- 
dence of  all  children  so  employed  under  the  age  of  sixteen 
years.  Such  register  and  the  certificate  filed  in  such  office 
shall  be  produced  for  inspection,  upon  the  (demand  of  an 
officer  of  the  board,  department  or  commissioner  of  health 
of  the  town,  village  or  city  where  such  establishment  is 
situated,  or  if  such  establishment  is  situated  in  a  city  of  the 
first  class  upon  the  demand  of  the  commissioner  of  labor. 
On  termination  of  the  employment  of  the  child  so  registered 
and  whose  certificate  is  so  filed,  such  certificate  must  be  forth- 
with surrendered  by  the  employer  to  the  child  or  its  parent 
or  guardian  or  custodian.  An  officer  of  the  board,  depart- 
ment or  commissioner  of  health  of  the  town,  village  or  city 
where  a  mercantile  or  other  establishment  mentioned  in  this 
article  is  situated,  or  if  such  establishment  is  situated  in  a 


356  Village  Schools  [Part  III 

city  of  the  1st  class  the  commissioner  of  labor,  may  make 
demand  on  an  employer  in  whose  establishment  a  ch''1^  ap- 
parently under  the  age  of  16  years  is  employed  or  per-"'* ted 
or  suffered  to  work,  and  whose  employment  certificate  is  not 
then  filed  as  required  by  this  chapter,  that  such  emplo,  ir 
either  furnish  him,  within  10  days,  evidence  satisfactory  to 
him  that  such  child  is  in  fact  over  16  years  of  age,  or  cease  to 
employ  or  permit  to  suffer  such  child  to  work  in  such  estab- 
lishment. (293:1909) 

The  officer  may  require  from  such  employer  the  same  evidence  of  age 
of  such  child  as  is  required  on  the  issuance  of  an  employment  certificate; 
and  the  employer  furnishing  such  evidence  shall  not  be  required  to  furnish 
any  further  evidence  of  the  age  of  the  child.  A  notice  embodying  such  de- 
mand may  be  served  on  such  employer  personally  or  may  be  sent  by  mail 
addressed  to  him  at  said  establishment,  and  if  served  by  post  shall  be  deemed 
to  have  been  served  at  the  time  when  the  letter  containing  the  same  would 
be  delivered  in  the  ordinary  course  of  the  post.  When  the  employer  is  a 
corporation  such  notice  may  be  served  either  personally  upon  an  officer 
of  such  corporation,  or  by  sending  it  by  post  addressed  to  the  office  or  the 
principal  place  of  business  of  such  corporation.  The  papers  constituting 
such  evidence  of  age  furnished  by  the  employer  in  response  to  such  demand 
shall,  except  in  cities  of  the  first  class,  be  filed  with  the  board,  department 
or  commissioner  of  healtn,  and  in  cities  of  the  first  class  with  the  commis- 
sioner of  labor,  and  a  material  false  statement  made  in  any  such  paper  or 
affidavit  by  any  person  shall  be  a  misdemeanor.  In  case  such  employe 
shall  fail  to  produce  and  deliver  to  the  officer  of  the  board,  department  or 
commissioner  of  health,  or  in  cities  of  the  first  class  to  the  commissioner 
of  labor,  within  ten  days  after  such  demand  such  evidence  of  age  herein  re- 
quired by  him,  and  shall  thereafter  continue  to  employ  such  child  or  permit 
or  suffer  such  child  to  work  in  such  mercantile  or  other  establishment,  prooi 
of  the  giving  of  such  notice  and  of  such  failure  to  produce  and  file  such  evi- 
dence shall  be  prima  facie  evidence  in  any  prosecution  brought  for  a  vio- 
lation of  this  article  that  such  child  is  under  sixteen  years  of  age  and  is  un- 
lawfully employed.  (293:1909) 


CHAPTER  XXVII 
City  Schools 

There  are  also  some  special  provisions  for  schools 
.where  the  district  boundaries  are  coterminous  with 
those  of  a  city.  Otherwise  the  provisions  are  the 
same  as  for  union  and  village  schools. 

No  person  may  be  employed  or  licensed  to  teach  in 
the  primary  or  grammar  schools  of  any  city  author- 
ized by  law  to  employ  a  superintendent  of  schools, 
(1)  who  has  not  had  successful  experience  in  teaching 
for  at  least  3  years,  (2)  or,  in  lieu  thereof,  (a)  has  not 
completed  a  3  years'  course  in,  and  graduated  from 
a  high  school  or  academy  having  a  course  of  study  of 
not  less  than  3  years,  approved  by  the  commissioner 
of  education,  or  from  some  institution  of  learning  of 
equal  or  higher  rank,  approved  by  the  same  author- 
ity, and  who,  (b)  subsequently  to  such  graduation, 
has  not  graduated  from  a  school  or  class  for  the  pro- 
fessional training  of  teachers,  having  a  course  of  study 
of  not  less  than  38  weeks,  approved  by  the  com- 
missioner of  education.  (551) 

This  does  not  restrict  any  board  of  education  of  any  city 
from  requiring  such  additional  qualifications  of  teachers  as 
said  board  may  determine;  nor  shall  the  provisions  of  this 
section  preclude  the  board  of  education  of  any  city  or  village 
from  accepting  the  diploma  of  any  state  normal  and 
training  school  of  the  state  of  New  York,  or  a  state  certificate 
obtained  on  examination,  as  an  equivalent  for  the  preparation 
in  scholarship  and  professional  training  herein  required.  (551) 

(357) 


358  City  Schools  [Part  IV 

The  board  of  education  of  any  city,  and  in  a  city 
not  having  a  board  of  education  the  officer  having 
the  management  and  supervision  of  the  public  school 
system,  may  establish,  acquire,  conduct  and  main- 
tain as  a  part  of  the  public  school  system  of  such  city 
general  industrial  schools  open  to  pupils  who  have 
completed  the  elementary  school  course  or  who  have 
attained  the  age  of  14  years,  and  trade  schools  open 
to  pupils  who  have  attained  the  age  of  16  years  and 
have  completed  either  the  elementary  school  course 
or  a  course  in  the  above  mentioned  general  industrial 
school  or  who  have  met  such  other  requirements  as 
the  local  school  authorities  may  have  prescribed. 
(820) 

The  board  of  education  in  a  city  and  the  officer 
having  the  management  and  supervision  of  the  pub- 
lic school  system  in  a  city  not  having  a  board  of  ed- 
ucation must  appoint  an  advisory  board  of  5  mem- 
bers representing  the  local  trades  and  industries. 
(821) 

In  the  first  instance  2  of  such  members  shall  be  appointed 
for  a  term  of  1  year  and  3  of  such  members  shall  be  appointed 
for  a  term  of  2  years.  Thereafter  as  the  terms  of  such  mem- 
bers expire  the  vacancies  caused  thereby  must  be  filled  for  a 
full  term  of  2  years.  Any  other  vacancy  occurring  on  such 
board  must  be  filled  by  the  appointing  power  named  in  this 
section  for  the  remainder  of  the  unexpired  term.  (821)  . 

It  is  the  duty  of  such  advisory  board  to  counsel  with  and 
advise  the  board  of  education  or  the  officer  having  the  man- 
agement and  supervision  of  the  public  school  system  in  a 
city  not  having  a  board  of  education  in  relation  to  the  powers 
and  duties  vested  in  such  board  or  officer.  (821,  822) 

The  board  of  education  of  each  city  or  the  officer 


City]  How  Taxes  are  Raised  359 

having  the  management  and  supervision  of  the  pub- 
lic school  system  in  a  city  not  having  a  board  of  ed- 
ucation must  file  with  the  common  council  of  such 
city  within  30  days  after  the  commencement  of  the 
fiscal  year  of  such  city  a  written  itemized  estimate 
of  the  expenditures  necessary  for  the  maintenance  of 
its  general  industrial  and  trade  schools  and  the  esti- 
mated amount  which  the  city  will  receive  from  the 
state  school  moneys  applicable  to  the  support  of  such 
schools.  The  common  council  must  give  a  public 
hearing  to  such  persons  as  wish  to  be  heard  in  refer- 
ence thereto.  The  common  council  must  adopt  such 
estimate  and  after  deducting  therefrom  the  amount 
of  state  moneys  applicable  to  the  support  of  such 
schools  must  include  the  balance  in  the  annual  tax 
budget  of  such  city.  (824) 

Such  amount  must  be  levied,  assessed  and  raised  by  tax 
upon  the  real  and  personal  property  liable  to  taxation  in  the 
city  at  the  time  and  in  the  manner  that  other  taxes  for  school 
purposes  are  raised.  The  common  council  has  power  by 
a  two-thirds  vote  to  reduce  or  reject  any  item  included  in 
such  estimate.  (824) 

Boards  of  education  in  cities  of  not  more  than  30,- 
000  inhabitants  are  clothed  with  all  the  powers  of 
trustees,  and  the  title  to  any  and  all  lands  acquired 
in  any  city  under  the  provisions  for  condemnation  of 
land  are  vested  in  the  board  of  education  thereof,  or 
such  other  corporate  body  as  is  by  law  vested  with  the 
title  to  the  school  lands  in  such  city.  (122,  124) 

A  permanent  census  board  is  hereby  established  in 
each  city  of  the  first  class.  Such  board  consists  of 
the  mayor,  the  superintendent  of  schools,  the  police 


360  City  Schools  [Part  IV 

commissioner  or  officer  performing  duties  similar  to 
those  of  a  police  commissioner.  Such  board  has 
power  to  make  such  rules  and  regulations  as  may  be 
necessary.  It  may  appoint  a  secretary  and  such 
clerks  and  other  employees  as  may  be  necessary  to 
fix  the  salaries  of  the  same.  (1000) 

Such  board  must  ascertain  through  the  police  force, 
the  residences  and  employments  of  all  persons  be- 
tween the  ages  of  4  and  18  years  residing  within  such 
cities  and  report  thereon  from  time  to  time  to  the 
school  authorities  of  such  cities.  Under  the  regu- 
lations of  such  board  during  the  month  of  October, 
1909,  it  is  the  duty  of  the  police  commissioners  in  the 
cities  of  the  first  class  to  cause  a  census  of  the  chil- 
dren of  their  respective  cities  to  be  taken.  There- 
after such  census  shall  be  amended  from  day  to  day 
by  the  police,  precinct  by  precinct,  as  changes  of 
residence  occur  among  the  children  of  such  cities 
within  the  ages  prescribed  in  this  article  and  as  other 
persons  come  within  the  ages  prescribed  herein  and  as 
other  persons  within  such  ages  become  residents  of 
such  cities,  so  that  said  board  may  always  have  on 
£le  a  complete  census  of  the  names  and  residences  of 
the  children  between  such  ages  and  of  the  persons  in 
parental  relation  thereto.  (1000) 

It  is  the  duty  of  persons  in  parental  relation  to  any 
child  residing  within  the  limits  of  said  cities  of  the 
first  class  to  report  at  the  police  station  house  of  the 
precinct  within  which  they  severally  reside,  the  fol- 
lowing information: 


City]  The  Compulsory  Law  361 

1.  Two   weeks  before  any  child  becomes  of  the 
compulsory  school  age,  the  name  of  such  child,  its 
residence,  the  name  of  the  person  or  persons  in  par- 
ental relation  thereto,  and  the  name  and  location  of 
the  school  to  which  such  child  is  sent  as  a  pupil. 

2.  In  case  a  child  of  compulsory  school  age  is  for 
any  cause  removed  from  one  school  and  sent  to  an- 
other school,  or  sent  to  work  in  accordance  with  the 
child  labor  law,  all  the  facts  in  relation  thereto. 

3.  In  case  the  residence  of  a  child  is  removed  from 
one  police  precinct  to  another  police  precinct,  the 
new  residence  and  the  other  facts  required  in  the  two 
preceding  subdivisions. 

4.  In  case  a  child  between  the  ages  of  4  and  18 
become  a  resident  of  one  of  said  cities  of  the  first  class 
for  the  fjrst  time  the  residence  and  such  other  facts 
as  the  census  board  shall  required.     (1000) 

Such  census  must  include  all  persons  between  the  ages  of  4 
and  18  years,  the  day  of  the  month  and  the  year  of  the  birth 
of  each  of  such  persons,  their  respective  residences  by  street 
and  number,  the  names  of  their  parents  or  guardians,  such 
information  relating  to  illiteracy  and  to  the  enforcement  of 
the  child  labor  and  the  compulsory  education  law  as  the 
school  authorities  of  the  state  and  of  such  cities  require  and 
also  such  further  information  as  such  authorities  require. 
(1000) 

A  permanent  census  board  may  be  established  in 
any  city  not  of  the  first  class,  in  accordance  with  the 
provisions  of  this  article.  (1000) 

If  a  census  board  shall  not  be  established  in  such 
cities,  then,  during  the  month  of  October,  1909,  and 
in  the  month  of  October  every  fourth  year  thereafter, 


362 


City  Schools 


[Part  IV 


CITY    OF 


Street  no. 


Name  of  street 


DEP  T  OP 


Present  name  of  child 


Present 


Boy 


Girl 


Negro  ? 


Giver 


TEARS 
OLD 
LAST 
BIRTHDAY 

4 

12 

MONTH 
AND 
DAY 
OF    BIRTH 

Jan. 

Ji 

A 

5 

13 

Feb. 

6 

14 

Mar. 

Se 
0 

N 

7 

15 

8 

16 

Apr. 

9 

17 

May 

10 

18 

11 

June 

D 

Is  child  crippled  ? 


Phvs.  ill 


IN  SCHOOL 

Public  kindergarten 


P.  S.  no.          [Location] 


Public  elementary  school 

Public  high  school      [Name] 

Public  truant  school    [  Name] 

Public  evening  school 

P.  S.  no. 

OUT  OF  SCHOOL 

Working  ?     Yes. 


No. 


Working  how  many  years? 


Truant 


Kept  at  work  or  at  home  illegally  by  parents  o 


Physically  or  mentally  unable  to  attend  school  ? 


Can  child  read  or  write  any  language  ? 


Yes. 


No. 


Name  of  enumerator 


City] 


Census  Card 


363 


OCTOBER    1909 


f  parent  or  (guardian) 


Years  in  U.  S 


Born  here 

WHERE 
WAS 
CHILD 
BORN? 

U.  S. 

France 

Austria 

Germany 

Russia 

Poland 

England 

Italy 

S.  Afn 

Ireland 

Sweden 

W.  Indies 

Scotland 

Norway 

Armenia 

Wales 

Canada 

Bohemia 

Mentallv  ill 


lial  school    [Name] 


[Location] 


6  school     [Name] 


e  institution   [Name] 


institution  [Name] 


Has  child  work  certificate  ?     Yes.     No. 


Can  child  read  or  write  English .'         Yes.         No. 
formation  refused 


364  ,  City  Schools  [Part  IV 

the  school  authorities  of  every  city,  not  a  city  of  the 
first  class,  must  take  a  census  of  the  children  of  their 
respective  cities.  Such  census  must  include  the  in- 
formation required  from  the  cities  of  the  first  class. 
(1000,  1001) 

A  parent,  guardian  or  other  person  having  under 
his  control  or  charge  a  child  between  the  ages  of  4 
and  18  years  who  withholds  or  refuses  to  give  infor- 
mation in  his  possession  relating  to  such  child  and  re- 
quired under  this  article,  or  any  such  parent,  guar- 
dian or  other  person  who  gives  false  information  in 
relation  thereto,  is  liable  to  and  punished  by  fine 
not  exceeding  $20  or  by  imprisonment  not  exceeding 
30  days.  (1003) 

The  money  required  for  the  purpose  of  carrying 
this  article  into  effect  must  be  paid  by  the  cities  and 
school  districts  respectively,  but,  in  cities  in  which  a 
permanent  census  board  is  not  established  and  main- 
tained, and  in  school  districts,  such  moneys  must  be 
paid  for  the  services  rendered  in  the  taking  of  the 
school  census  on  the  certificate  of  the  state  commis- 
sioner of  education  that  such  census  has  been  satis- 
factorily taken.  (1000,  1004) 

In  any  city  of  the  first  or  second  class  no  male 
child  under  10,  and  no  girl  under  16  years  of  age, 
may  sell  or  expose  or  offer  for  sale  newspapers,  mag- 
azines or  periodicals  in  any  street  or  public  place. 
(30:1909) 

No  male  child  under  14  years  of  age  may  sell  or  ex- 
pose or  offer  for  sale  said  articles  unless  a  permit  and 
badge  as  hereinafter  provided  have  been  issued  to 


City]  The  Labor  Law  365 

him  by  the  district  superintendent  of  the  board  of  ed- 
ucation of  the  city  and  school  district  where  said  child 
resides,  or  by  such  other  officer  thereof  as  may  be  of- 
ficially designated  by  such  board  for  that  purpose! 
(36:1909) 

This  must  be  on  the  application  of  the  parent,  guardian  or 
other  person  having  the  custody  of  the  child  desiring  such 
permit  and  badge,  or  in  case  said  child  has  no  parent,  guar- 
dian or  custodian  then  on  the  application  of  his  next  friend, 
being  an  adult.  Such  permit  and  badge  must  not  be  issued 
until  the  officer  issuing  the  same  shall  have  received,  exam- 
ined, approved  and  placed  on  file  in  his  office  satisfactory 
proof  that  such  male  child  is  of  the  age  of  10  years  upwards,, 
and  shall  also  have  received,  examined  and  placed  on  file 
the  written  statement  of  the  principal  or  chief  executive  officer 
of  the  school  which  the  child  is  attending,  stating  that  such 
child  is  an  attendant  at  such  school,  that  he  is  of  the  normal 
development  of  a  child  of  his  age  and  physically  fit  for  such 
employment,  and  that  said  principal  or  chief  executive  officer 
approves  the  granting  of  a  permit  and  badge  to  such  child. 
No  such  permit  or  badge  is  valid  for  any  purpose  except 
during  the  period  in  which  such  proof  and  written  statement 
remains  on  file,  nor  is  such  permit  or  badge  authority  beyond 
the  period  fixed  therein  for  its  duration.  After  having  re- 
ceived, examined  and  placed  on  file  such  papers  the  officer 
must  issue  to  the  child  a  permit  and  badge.  (36:1909) 

Principals  or  chief  executive  officers  of  schools  in 
which  children  under  14  years  are  pupils  must  keep 
complete  lists  of  all  children  in  their  schools  to  whom 
a  permit  and  badge  have  been  granted.  (36:1909) 

Such  permit  must  state  the  date  and  place  of  birth  of  the  child,  the 
name  and  address  of  its  parent,  guardian,  custodian  or  next  friend,  as  the 
case  may  be,  and  describe  the  color  of  hair  and  eyes,  the  height  and  weight 
and  any  distinguishing  facial  mark  of  such  child,  and  further  state  that 
the  papers  required  by  the  preceding  section  have  been  duly  examined  and 
filed;  and  that  the  child  named  in  such  permit  has  appeared  before  the  of- 


366  City  Schools  [Part  IV 

ficer  issuing  the  permit.  The  badge  furnished  by  the  officer  issuing  the  per- 
mit must  bear  on  its  face  a  number  corresponding  to  the  number  of  the 
permit,  and  the  name  of  the  child.  Every  such  permit  and  every  such 
badge  on  its  reverse  side,  must  be  signed  in  the  presence  of  the  officer  issuing 
the  same  by  the  child  in  whose  name  it  is  issued.  (36:1909) 

The  badge  provided  for  herein  must  be  worn  conspicuously  at  all  times 
by  such  child  while  so  working;  and  all  such  permits  and  badges  shall  ex- 
pire annually  on  Jan.  1.  The  color  of  the  badge  must  be  changed  each 
year.  No  child  to  whom  such  permit  and  badge  are  issued  may  transfer 
the  same  to  any  other  person  nor  be  engaged  in  any  city  of  the  first  or  sec- 
ond class  as  a  newsboy,  or  sell  or  expose  or  offer  for  sale  newspapers,  mag- 
azines or  periodicals  in  any  street  or  public  place  without  having  conspic- 
uously upon  his  person  such  badge,  and  he  must  exhibit  the  same  upon  de- 
mand at  any  time  to  any  police,  or  attendance  officer.  (36:1909) 

No  child  to  whom  a  permit  and  badge  are  issued  as  provided  for  in 
the  preceding  sections  may  sell  or  expose  or  offer  for  sale  any  newspapers, 
magazines  or  periodicals  after  ten  o'clock  in  the  evening,  or  before  six  o'clock 
in  the  morning.  (36;1909) 

Tn  cities  of  the  first  or  second  class,  police  officers,  and  the  regula;  at- 
tendance officers  appointed  by  the  board  of  education  who  are  hereby  vested 
witn  the  powers  of  peace  officers  for  the  purpose,  must  enforce  the  provisions 
of  this  article.  (36:1909) 

Any  child  who  works  in  any  city  of  the  first  or  second  class 
in  any  street  or  public  place  as  a  newsboy  or  who  sells  or  ex- 
poses or  offers  for  sale  newspapers,  magazines  or  periodicals 
in  violation  of  the  provisions  hereby  laid  down,  must  be  ar- 
rested and  brought  before  a  court  or  magistrate  having  jur- 
isdiction to  commit  a  child  to  an  incorporated  charitable 
reformatory  or  other  institution  and  be  dealt  with  according 
to  law.  (36:1909) 

If  any  such  child  is  committed  to  an  institution,  it  must,  when  prac- 
ticable, be  committed  to  an  institution  governed  by  persons  of  the  same 
religious  faith  as  the  parents  of  such  child.  The  permit  and  badge  of  any 
child  who  violates  the  provisions  of  this  article  may  be  revoked  by  the  of- 
ficer issuing  the  same,  upon  the  recommendation  of  the  principal  or  chief 
executive  officer  of  the  school  which  such  child  is  attending,  or  upon  the 
complaint  of  any  police  officer  or  attendance  officer,  and  such  child  must 
surrender  the  permit  and  badge  so  revoked  upon  the  demand  of  any  attend- 
ance officer  or  police  officer  charged  with  the  duty  of  enforcing  the  pro- 
visions of  this  article.  The  refusal  of  any  child  to  surrender  such  permit 
and  badge,  upon  such  demand,  or  the  sale  or  offering  for  sale  of  newspapers, 
magazines  or  periodicals  in  any  street  or  public  place  by  any  child  after 
notice  of  the  revocation  of  such  permit  and  badge  is  deemed  a  violation  of 
the  law  and  subjects  the  child  to  the  penalties  provided.  (36:1909) 


City] 


The  Labor  Law  367 


In  cities  of  the  1st  class  only,  in  case  application  for 
the  issuance  of  an"  employment  certificate  be  made 
to  such  officer  by  a  child's  parent,  guardian  or  cus- 
todian who  alleges  his  inability  to  produce  any  of  the 
evidence  of  age  specified  in  the  preceding  subdivisions 
of  this  section,  and  it  the  chiid  is  apparently  at  least 
14  years  of  age,  such  officer  may  receive  and  file  an 
application  signed  by  the  parent,  guardian  or  cus- 
todian of  such  child  for  physicians'  certificates. 

Such  application  must  contain  the  alleged  age,  place  and  date  of  birth, 
and  present  residence  of  such  child,  together  with  such  further  facts  as 
may  be  of  assistance  in  determining  the  age  of  such  child.  Such  application 
shall  be  filed  for  not  less  than  90  days,  after  date  of  such  application  for 
such  physicians'  certificates,  for  an  examination  to  be  made  of  the  state- 
ments contained  therein,  and  in  case  no  facts  appear  within  such  period  or 
by  such  examination  tending  to  discredit  or  contradict  any  material  state- 
ment of  such  application,  then  and  not  otherwise  the  officer  may  direct 
such  child  to  appear  thereafter  for  physical  examination  before  2  phy- 
sicians officially  designated  by  the  board  of  health,  and  in  case  such  phy- 
sicians shall  certify  in  writing  that  they  have  separately  examined  such 
child  and  that  in  their  opinion  such  child  is  at  least  14  years  of  age  such 
officer  must  accept  such  certificates  as  sufficient  proof  of  the  age  of  such 
child  for  the  purposes  of  this  section.  In  case  the  opinions  of  such  phy- 
sicians do  not  concur,  the  child  must  be  examined  by  a  third  physician  and 
the  concurring  opinions  shall  be  conculsive  for  the  purpose  of  this  section 
as  to  the  age  of  such  child.  (36.  1909) 

Such  officer  must  require  the  birth  certificate  in  preference 
to  other  evidence  of  age  unless  he  receives  and  files  in  ad- 
dition thereto  an  affidavit  of  the  parent  showing  that  no  evi- 
dence of  age  specified  in  any  preceding  subdivision  or  sub- 
divisions of  this  section  can  be  produced.  Such  affidavit 
must  contain  the  age,  place  and  date  of  birth,  and  present 
residence  of  such  child,  which  affidavit  must  be  taken  before 
the  officer  issuing  the  employment  certificate,  who  is  hereby 
authorized  and  required  to  administer  such  oath  and  who 
shall  not  demand  or  receive  a  fee  therefor.  (36;  1909) 

Such  employment  certificate  must  not  be  issued  until  such  child  fur- 
ther has  personally  appeared  before  and  been  examined  by  the  officer  is- 
suing the  certificate,  and  until  such  officer  has  after  making  such  exam- 


368  City  Schools  [Part  IV 

ination'  signed  and  filed  in  his  office  a  statement  that  the  child  can  read 
and  legibly  write  simple  sentences  in  the  English  language  and  that  in  his 
opinion  the  child  is  14  years  of  age  or  upwards  and  has  reached  the  normal 
development  of  a  child  of  its  age,  and  is  in  sound  health  and  is  physically 
able  to  perform  the  work  which  it  intends  to  do.  In  doubtful  cases  such 
physical  fitness  must  be  determined  by  a  medical  officer  of  the  board  or  de- 
partment of  health.  Every  such  employment  certificate  must  be  signed, 
in  the  presence  of  the  officer  issuing  the  same,  by  the  child  in  whose  nam  e 
it  is  issued.  (36:  1909) 

I  Such  certificate  shall  state  the  date  and  place  of 
birth  of  the  child,  and  describe  the  color  of  the  hair 
and  eyes,  the  height  and  weight  and  any  distinguish- 
ing facial  marks  of  such  child,  and  that  the  papers  re- 
quired by  the  preceding  section  have  been  duly  ex- 
amined, approved  and  filed  and  that  the  child  named 
in  such  certificate  has  appeared  before  the  officer 
signing  the  certificate  and  been  examined.  (36 :  1909) 

In  a  city  of  the  first  class  or  of  the  second  class,  the  school  authorities 
or  officers  designated  by  them,  must  issue  to  a  boy  lawfully  in  attendance 
at  an  evening  school,  an  evening  school  certificate  at  least  once  in  each 
month  during  the  months  said  evening  school  is  in  session  and  at  the  close 
of  the  term  of  said  evening  school,  provided  that  said  boy  has  been  in  at- 
tendance upon  said  evening  school  for  not  less  than  6  hours  each  week  for 
such  number  of  weeks  as  will,  when  taken  in  connection  with  the  number 
of  weeks  such  evening  school  is  in  session  during  the  remainder  of  the  cur- 
rent or  calendar  year,  make  up  a  total  attendance  on  the  part  of  said  boy 
in  said  evening  school  of  not  less  than  6  hours  per  week  for  a  period  of  not 
less  than  16  weeks  or  attendance  upon  a  trade  school  for  at  least  8  hours 
per  week  for  not  less  than  16  weeks.  Such  certificate  must  state  fully  the 
period  of  time  which  the  boy  to  whom  it  is  issued  was  in  attendance  upon 
such  evening  school  or  trade  school.  (36:1909) 


I 


CHAPTER   XXVIII 
The    Town 

Two  school  directors  shall  be  elected  for  each 
town  at  the  general  election  held  in  1910,  one  of 
such  directors  to  serve  until  Jan.  1,  1913,  and  the 
other  until  Jan.  1,  1916.  382 

A  director  shall  be  elected  at  the  general  elec- 
tion in  1912  and  every  fifth  year  thereafter.  382 

The  term  of  office  of  the  directors  elected  in  1912 
and  thereafter  shall  commence  on  Jan.  1  following 
their  election  and  continue  for  5  years.  382 

Such  directors  shall  be  elected  in  the  same  manner 
that  town  officers  are  elected  at  town  meetings 
held  at  the  time  of  a  general  election,  and  the  provi- 
sions of  the  election  law  relating  to  the  nomina- 
tion and  election  of  such  town  officers  shall  apply  to 
the  nomination  and  election  of  such  directors.  382 

A  school  director  shall  vacate  his  office  by  remov- 
al from  the  town  or  by  filing  a  written  resignation 
with  the  town  clerk.  382 

A  vacancy  in  the  office  of  school  director  shall 
be  filled  b}^  the  town  board  of  the  town  in  which  such 
vacancy  exists.  If  the  town  fails  to  elect  a  director 
a  vacancy  shall  be  deemed  to  exist  in  such  office.  382 

A  school  director  before  entering  upon  the  dis- 
charge of  the  duties  of  his  office  and  not  later  than 
30  days  after  the  date  on  which  he  was  elected  to 
office  shall  take  the  oath  of  office  prescribed  by  the 
constitution.  382 

(369) 


370  Town   Officers  [Part  V 

Such  oath  may  be  taken  before  a  justice  of  the  peace  or 
a  notary  public,  and  must  be  filed  in  the  office  of  the  clerk 
of  the  town.  381 

A  school  director  shall  receive  $2  per  day  for  each 
day's  service  and  his  necessary  travelling  expenses, 
and  the  town  board  of  the  town  for  which  such  di- 
rector is  chosen  shall  audit  and  allow  the  same.  382 

The  school  directors  of  the  several  towns  compris- 
ing a  supervisory  district  shall  meet  for  organiza- 
tion at  11  a.m.  on  the  3d  Tuesday  in  May  following 
their  election,  electing  from  their  number  a  chair- 
man, a  clerk,  and  2  inspectors  of  election.  383 

Such  meeting  shall  be  held  at  a  place  in  the  supervisory 
district  designated  by  the  county  clerk  at  least  10  days  pre- 
vious to  the  date  thereof.  At  the  time  the  county  clerk  des- 
ignates such  place  of  meeting  he  shall  also  mail  a  notice  of 
the  time  and  place  of  such  meeting  to  each  school  director 
of  the  district.  The  school  directors  at  such  meeting  shall 
designate  a  place  for  holding  future  meetings.  383 

The  school  directors  of  the  several  towns  compos- 
ing a  supervisory  district  shall  be  a  board  of  school 
directors,  and  such  board  of  directors  shall  meet 
at  11  a.m.  on  the  3d  Tuesday  in  August,  1911,  and 
on  the  3d  Tuesday  in  June  every  5th  year  thereaf- 
ter, and  elect  a  district  superintendent  of  schools.  383 

The  clerk  of  such  board  shall  give  each  director  at  least 
10  ,days  notice  in  writing  of  the  hour,  date,  and  place  of 
such  meeting.  383 

If  such  directors  fail  to  elect  a  district  superintendent 
before  the  Jan.  1  following  the  date  of  such  meeting,  the 
county  judge  shall  appoint  such  superintendent,  who  shall 
serve  until  the  board  of  directors  shall  fill  such  vacancy.  383 

In  the  election  of  such  district  superintendent  the 
vote  shall  be  by  ballot  and  the  person  receiving  a 


Town]  School  Directors  371 

majority  of  the  votes  shall  be  elected.  Each  school 
director  shall  be  entitled  to  1  vote  in  such  election, 
383 

The  clerk  of  such  board  shall  file  a  copy  of  the 
proceedings  of  each  meeting  and  each  election,  cer- 
tified by  himself  and  the  chairman,  in  the  office  of 
the  county  clerk  within  3  days  after  the  close  there- 
of. 383 

The  only  town  officer  whose  duties  are  entirely 
connected  with  schools  is  the  attendance  officer. 

The  town  board  of  each  town  appoints  subject  to 
the  written  approval  of  the  school  commissioner  of 
the  district,  one  or  more  attendance  officers,  whose 
jurisdiction  extends  over  all  common  school  districts 
in  the  town.  (535)  632 

The  town  board  fixes  their  compensation,  which  is  a  town 
charge.  (535) 

Such  attendance  officers,  appointed  by  said  board,  are  re- 
movable at  the  pleasure  of  the  school  commissioner  in  which 
commissioner's  district  such  town  is  situated.  (535) 

Most  of  the  other  town  officers  have  important  du- 
ties in  relation  to  schools.  As  the  executive  officer  of 
the  town,  the  supervisor  is  entrusted  with  many 
responsibilities : 

1.  To  disburse  the  school  moneys  in  his  hands  ap- 
plicable to  the  payment  of  teachers'  wages,  upon  and 
only  upon  the  written  orders  of  a  sole  trustee  or  a  major- 
ity of  the  trustees,  in  favor  of  qualified  teachers.  360 

Whenever  the  collector  in  any  school  district  has  given 
bonds,  or  whenever  any  school  district  elects  a  treasurer,  the 
supervisor  must,  upon  the  receipt  by  him  of  a  copy  of  the 
bond  executed  by  said  collector  or  treasurer,  certified  by  the 
trustees,  pay  over  to  such  collector  or  treasurer,  all  moneys  in 


372  Town  Officers  [Part  V 

his  hands  applicable  to  the  payment  of  teachers'  wages  in 
such  district,  and  the  said  collector  or  treasurer  must  dis- 
burse such  moneys  so  received  by  him  upon  such  orders  as 
are  specified  herein  to  the  teachers  entitled  to  the  same. 
(171,  173,  280)  See  page  48.  360 

2.  In  the  case  of  a  union  free  school  district,  to  pay 
all  the  school  money  apportioned  thereto,  to  the  treasurer 
of  such  district,  upon  the  order  of  its  board  of  education. 
(234,  280)  360 

3.  To  keep  a  just  and  true  account  of  all  the  school 
moneys  received  and  disbursed  by  him  during  the  year, 
and  to  lay  ike  same,  with  proper  vouchers,  before  the 
board  of  town  auditors  at  each  annual  meeting  thereof. 
(280)     360 

4.  To  have  a  bound  blank  book,  the  cost  of  which 
shall  be  a  town  charge,   and  to  enter  therein  all  his 
receipts  and  disbursements  of  school  moneys,  specifying 
from  whom  and  for  what  purpose  they  were  received, 
and  to  whom  and  for  what  purposes  they  were  paid  out; 
and  to  deliver  the  book  to  his  successor  in  office. (2%®} 
360 

5.  To  make  out  a  just  and  true  account  of  all  school 
moneys  received  by  him  and  of  all  disbursements  there- 
of within  15  days  after  the  termination  of  his  office, 
and  to  deliver  the  same  to  the  town  clerk,  to  be  filed  and 
recorded,  and  to  notify  his  site  cess  or  in  office  of  such 
rendition   and  filing.     (280)     360 

6.  So  soon  as  the  required  bond  to  the  county  treasurer 
has  been  given  by  him  and  approved  by  the  treasurer,  to 
deliver  to  his  predecessor  the  county  treasurer  s  certificate 
of  these  facts,  to  procure  from  the  town  clerk  a  copy  r-f 
his  predecessor's  account,  and  to  demand  and  receive 


Town]  Supervisor  373 

from  him  all  school  moneys  remaining  in  his  hands. 
(280) 

7.  Upon  receiving  such  a  certificate  from  his  succes- 
sor, and  not  before,  to  pay  to  him  all  school  moneys 
remaining  in  his  hands,  and  to  forthwith  file  the  cer- 
tificate in  the  town  clerk's  office.     (280) 

8.  By  his  name  of  office,  when  the  duty  is  not  else- 
where imposed  by  law,  to  sue  for  and  recover  penalties 
•and  forfeitures  imposed  for  violations  of  this  chapter, 
•and  for  any  default  or  omission  of  any  town  officer 
or  school  district  board  or  officer  under  this  chapter', 
and  after  deducting  his  costs  and  expenses  to  report 
the  balances  to  the  school  commissioner.     (280) 

9.  To  act,  when  thereto  legally  required,  in  the  erec- 
tion or  alteration  of  a  school  district,  and  to  perform 
any  other  duty  which  may  be  devolved  upon  him  relating 
to  common  schools.     (2,  280) 

10.  To  take  and  hold  possession  of  the  gospel  and 
school  lots  of  their  respective  town.     (280) 

11.  To  lease  the  same  for  such  time  not  exceeding 
21  years,  and  upon  such  conditions  as  they  shall  deem 
expedient.     (280) 

12.  To  sell  the  same  with  the  advice  and  consent  of 
the  inhabitants  of  the  town,  in  town-meeting  assembled, 
for  such  price  and  upon  such  terms  of  credit    as  shall 
appear  to  them  most  advantageous.     (280) 

13.  To  invest  the  proceeds  of  such  sales  in  loans, 
secured   by   bond   and   mortgage   upon   unincumbered 
real  property  of  the  value  of  double  the  amount  loaned. 
(280) 

14.  To  purchase  the  property  so  mortgaged  upon  a 


374  Town  Officers  [Part  V 

foreclosure  and  to  hold  and  convey  the  property  so  pur- 
chased whenever  it  shall  become  necessary.     (280) 

15.  To  reloan  the  amount  of  such  loans  repaid  to 
them  upon  the  like  security.     (280) 

16.  To  apply  the  rents  and  profits  of  such  lots,  and 
the  interest  of  the  money  arising  from  the  sale  thereof \ 
to  the  support  of  schools,  as  may  be  provided  by  law, 
in  such  manner  as  shall  be  thus  provided.     (280) 

17.  To  render  a  just  and  true  account  of  the  pro- 
ceeds of  the  sales  and  the  interest  on  the  loans  thereof, 
and  of  the  rents  and  profits  of  such  gospel  and  school 
lots,  and  of  the  expenditure  and  appropriation  thereof, 
on  the  last  Tuesday  next  preceding  the  annual  town- 
meeting  of  each  year,  to  the  town  board.     (280) 

18.  To  deliver   over   to  his  successor  in  office,   all 
books,    papers   and  securities  relating  to  the  same,  at 
the  expiration  of  their  respective  offices.     (280) 

19.  To  take  therefor  a  receipt,  which  shall  be  filed 
in  the  clerk's  office  of  the  town;  and,     (280) 

20.  To  commence  and  prosecute  in  and  by  the  name 
and  style  of  the  supervisor  of  the  town  any  suits  against 
any  of  his  predecessors  in  office  or  against  any  other 
person  to  recover  any  debt,  dues  or  demands  in  any  wise 
arising  from  such  public  lot.     (280) 

No  such  suit  shall  abate  by  the  death,  resignation  or  re- 
moval from  office  of  the  said  supervisor  but  the  same  shall 
and  may  be  prosecuted  to  judgment  and  execution  by  his 
successor  in  office.  (280) 

Whenever  a  town  having  lands  assigned  to  it  for  the  sup- 
port of  the  gospel  or  of  schools  is  divided  into  two  or  more 
towns,  or  altered  in  its  limits  by  the  annexing  of  a  part  of 


Town]  Supervisor  375 

its  territory  to  other  towns,  such  lands  must  be  sold  by  the 
supervisor  of  the  town,  in  which  such  lands  were  included 
immediately  before  such  division  or  alteration;  and  the  pro- 
ceeds thereof  apportioned  between  the  towns  interested  there- 
in, in  the  same  manner  as  the  other  public  moneys  of  towns, 
so  divided  or  altered,  are  apportioned.  The  shares  of  such 
moneys,  to  which  the  towns  shall  be  respectively  entitled, 
must  be  paid  to  the  supervisors  of  the  respective  towns,  and 
thereafter  be  subject  to  the  provisions  of  this  article.  (28 1,  2) 

21.  To   meet    to    equalize    assessments   in   districts 
embracing  two  or  more  towns.     (384) 

22.  To  issue  warrants   upon   the   county   treasurer 
for  the  tax  on  bank  stock  due  each  district.     (62 :  1909) 

23.  To  apportion  railroad  valuation  among  the  dis- 
tricts of  a  town  when  the  assessors  fail  to  do  so.  (62 :1909) 

24.  To  levy  unpaid  district  taxes  upon  the  lands 
on  which  they  were  imposed.     (407-10) 

Immediately  on  receiving  the  school  commission- 
ers' certificates  of  apportionment,  the  county  treas- 
urer must  require  of  each  supervisor,  and  each  super- 
visor must  give  to  the  treasurer,  in  behalf  of  the  town, 
his  bond)  with  two  or  more  sufficient  sureties,  ap- 
proved by  the  treasurer,  in  the  penalty  of  at  least 
double  the  amount  of  the  school  moneys  set  apart  or 
apportioned  to  the  town,  and  of  any  such  moneys 
unaccounted  for  by  his  predecessors,  conditioned  for 
the  faithful  disbursement,  safe-keeping  and  account- 
ing for  such  moneys,  and  of  all  other  school  moneys 
that  may  come  into  his  hands  from  any  other  source. 
(283) 

If  the  condition  shall  be  broken  the  county  treasurer  must 
sue  the  bond  in  his  own  name,  in  behalf  of  the  town,  and  the 


376  Town  Officers  [Part  V 

money  recovered  must  be  paid  over  to  the  successor  of  the 
supervisor  in  default,  such  successor  having  first  given  se- 
curity as  aforesaid.  Whenever  the  office  of  a  supervisor 
becomes  vacant,  the  county  treasurer  must  require  the  per- 
son elected  or  appointed  to  fill  such  vacancy  to  execute  a 
bond,  with  two  or  more  sureties,  to  be  approved  by  the  treas- 
urer, in  the  penalty  of  at  least  double  the  sum  of  the  school 
moneys  remaining  in  the  hands  of  the  old  supervisor,  when 
the  office  became  vacant,  conditioned  for  the  faithful  dis- 
bursement and  safe-keeping  of  and  accounting  for  such 
moneys.  But  the  execution  of  this  bond  does  not  relieve 
the  supervisor  from  the  duty  of  executing  the  bond  first 
above  mentioned. 

The  refusal  of  a  supervisor  to  give  such  security  is  a  mis- 
demeanor, and  any  fine  imposed  on  his  conviction  thereof 
is  for  the  benefit  of  the  common  schools  of  the  town.  Upon 
such  refusal,  the  moneys  so  set  apart  and  apportioned  to  the 
town  must  be  paid  to  and  disbursed  by  some  other  officer  or 
person  to  be  designated  by  the  county  judge,  under  such 
regulations  and  with  such  safeguards  as  he  may  prescribe, 
and  the  reasonable  compensation  of  such  officer  or  person,  to 
be  adjusted  by  the  board  of  supervisors,  shall  be  a  town 
charge.  (283) 

On  the  1st  Tuesday  of  March  in  each  year,  each 
supervisor  must  make  a  return  in  writing  to  the 
county  treasurer  for  the  use  of  the  school  commission- 
ers, showing  the  amounts  of  school  moneys  in  his 
hands  not  paid  on  the  orders  of  trustees  for  teachers' 
salaries,  and  the  districts  to  which  they  stand  accred- 
ited, and  if  no  such  moneys  remain  in  his  hands,  he 
shall  report  that  fact;  and  thereafter  he  must  not  pay 
out  any  of  said  moneys  until  he  has  received  the  cer- 
tificate of  the  next  apportionment;  and  the  moneys 
so  returned  by  him  must  be  reapportioned.  (285, 
451) 


Town]  Town  Clerk  377 

The  supervisor  must  be  allowed  and  paid  in  the 
same  manner  as  other  town  charges  are  allowed  and 
paid,  a  fee  of  one  per  centum  on  all  moneys  paid  out 
by  him  as  such  supervisor,  including  school  moneys 
disbursed  by  him.  But  no  such  fees  are  allowed  or 
paid  upon  moneys  paid  over  by  him  to  his  successor 
in  office .  Such  fees  are  in  full  compensation  for  all 
services  rendered  by  him  in  respect  to  moneys  re- 
ceived and  paid  out  by  him  as  such  supervisor.  (63 : 
1909) 

For  meeting  to  equalize  taxes  he  receives  $3  a  day.      (384) 

The  school  duties  of  town  clerk  are: 

1.  To  keep   all  books,  maps,    papers  and  records 
of  his  office  touching  common  schools,  and  forthwith 
to  report  to  the  supervisor  any  loss  or  injury  to  the  same. 
(260) 

2.  To   receive  from    the   supervisors    the  certificates 
of  apportionment  of  school  moneys  to  the  town,  and  to 
record  them  in  a  book  to  be  kept  for  that  purpose.     (260) 

3.  To   notify  forthwith   the   trustees   of  the  several 
school  districts  of  the  filing  of  each  such  certificate.    (260) 

4.  To  see  that  the  trustees  of  the  school  districts  make 
and  deposit  with  him  their  annual  reports  within  the 
time  prescribed  by  law,  and  to  deliver  them  to  the  school 
commissioner  on  demand.     (260) 

He  must  furnish  the  school  commissioner  of  the  school 
commissioner  district  in  which  his  town  is  situated  the  names 
and  post-office  address  of  the  school  district  officers  reported 
to  him  by  the  district  clerks.  (260) 

5.  To  distribute  to  the  trustees  of  the  school  districts 
all  books,  blanks  and  circulars  which  are  delivered  or 


378  Town  Officers  [Part  V 

forwarded  to  him  by  the  commissioner  of  education  or 
school  commissioner  for    that  purpose. 

6.  To  receive  from  the  supervisor,  and  record  in  a 
book  kept  for  that  purpose,  the  annual  account  of  the 
receipts  and  disbursements  of  school  moneys  required 
to  be  submitted  to  the  town  auditors,  together  with  the 
action  of  the  town  auditors  thereon.     (260^ 

He  must  send  a  copy  of  the  account  and  of  the  action 
thereon,  by  mail,  to  the  commissioner  of  education  whenever 
required  by  him,  and  file  and  preserve  the  vouchers  accom- 
panying the  account.  (260) 

He  must  also  file  the  tax  list  and  warrant  returned  by  a 
collector  to  the  trustees.  (411) 

7.  To  receive  and  to  record,  in  the  same  book,  the 
supervisor's  final  account  of  the  school  moneys  received 
and  disbursed  by  him,  and  deliver  a  copy  thereof  to 
such  supervisor's  successor  in  office.     (260) 

8.  To  receive  from  the  outgoing  supervisor,  and  file 
and  record  in  the  same  book,  the  county  treasurer's 
certificate,  that  his  successor's  bond  has  been  given  and 
approved.     (260) 

9.  To  receive,  file  and  record  the  descriptions  of  the 
school  districts,  and  all  papers  and  proceedings  delivered 
to  him  by  the  school  commissioner.     (260) 

10.  To'act,  when  thereto  U  gaily  required,  in  the  erec- 
tion or  alteration  of  a  school  district.     (25,  260) 

11.  To  receive  and  preserve  the  books,  papers  and 
records  of  any  dissolved  school  district  deposited  in  his 
office.     (260) 

12.  To  perform  any  other  duty  which  may  be  de- 
volved  upon  him.     (260) 


Town] 


Assessors 


379 


The  necessary  expenses  and  disbursements  of  the 
town  clerk  in  the  performance  of  his  said  duties,  are 
a  town  charge,  and  to  be  audited  and  paid  as  such. 
(261) 

The  school  commissioner's  oath  of  office  is  taken 
before  the  county  clerk.  (363) 

The  assessors  also  have  relations  with  the  school 
law. 

Their  valuation  of  town  property  is  a  basis  for  the 
valuation  by  trustees.  (382,  305) 

They  apportion  among  the  districts  the  valuation 
of  railroad,  telegraph,  telephone,  and  pipe  line  com- 
panies and  file  the  valuation  with  the  town  clerk,  as 
a  basis  for  taxation.  (62:  1909) 

If  they  fail  to  do  so,  the  trustees  may  require  the  super- 
visor to  make  such  apportionment.  (62:  1909) 


CHAPTER  XXIX 
The  School  Commissioner 

The  county  judge  is  required : 

To  fill  any  vacancy  that  occurs  in  the  county  in  the 
office  of  school  commissioner.  (305) 

The  county  clerk  is  required: 

To  forward  to  the  commissioner  of  education  a 
duplicate  certificate  of  the  election  or  appointment 
attested  by  their  signature  and  the  seal  of  the  coun- 
ty as  soon  as  they  have  official  notice  of  the  elec- 
tion or  appointment  of  a  school  commissioner,  for 
any  district  in  their  county.  (302) 

To  give  notice  to  the  county  judge  as  soon  as  he 
hears  of  a  vacancy  in  the  office  of  school  commis- 
sioner. (305) 

To  keep  the  reports  of  school  trustees.     (314) 

The  county  treasurer  is  required: 

To  receive  the  county  tax  upon  bank  stock,  and 
on  order  of  the  supervisors  to  pay  out  the  same  due 
each  district.  (62:  1909) 

To  receive  from  the  collectors  the  assessment  rolls 
against  railroad  companies  and. pay  over  to  the  col- 
lector the  taxes  paid  on  the  same.  (399-402) 

To  pay  to  the  collectors  the  amount  of  district 
taxes  remaining  unpaid.  (407) 

He  receives  no  fees  for  taxes  credited  back  on  forest  lands. 
(62:1909) 

(380) 


County]  Commissioner  District  381 

The  only  county  officer  whose  duties  are  entirely 
connected  with  schools  is  the  school  commissioner. 

He  is  the  intermediary  between  the  commissioner  of  edu- 
cation and  the  school  districts ;  his  powers  and  duties  are  many 
and  responsible. 

Every  county,  unless  wholly  a  city,  contains  one 
or  more  school  commissioner  districts.  (301) 

No  city  is  included  in,  or  forms  a  part  of  any  school 
commissioner  district.  (301) 

In  any  school  commissioner  district  that  contains 
more  than  100  school  districts,  the  board  of  super- 
visors may  divide  the  district,  within  the  county,  and 
erect  therefrom  an  additional  district;  when  it  con- 
tains more  than  200  districts  they  must  so  divide 
it  (C.  L.  ch.  16) ;  and  when  such  district  has  been 
formed  a  school  commissioner  for  such  district  must 
be  elected  as  provided  by  law.  (301) 

A  school  commissioner  for  each  school  commission- 
er district  must  be  elected  by  the  electors  thereof, 
at  the  general  election  held  each  third  year  dating 
from  the  one  held  in  the  year  1908.  (302) 

Any  person  (1)  of  full  age,  (2)  a  citizen  of  the 
United  States,  a  resident  (3)  of  the  state,  and  (4)  of 
the  county  in  which  a  school  commissioner  district 
is  situated,  is  eligible  to  the  office  of  school  commis- 
sioner. (302) 

No  person  is  deemed  ineligible  to  such  office  by  reason  of 
sex  who  has  the  other  qualifications. 

The  term  of  office  of  such  school  commissioner 
begins  on  Jan.  1  next  after  liis  election,  and  is  for  3 
years,  and  until  his  successor  qualifies.  (303) 


382  School  Commissioner       [Part  VI 

Every  person  elected  to  the  office,  or  appointed  to  fill  a 
vacancy,  must  take  the  oath  of  office  prescribed  by  the  con- 
stitution, before  the  county  clerk  or  before  any  officer  author- 
ized to  take,  within  this  state,  the  acknowledgment  of  the 
execution  of  a  deed  of  real  property,  and  file  it  with  the 
county  clerk;  and  if  he  omits  so  to  do,  the  office  is  deemed 
vacant.  (303) 

The  school  commissioners  are  subject  to  such  rules 
and  regulations  as  the  commissioner  of  education 
may,  from  time  to  time,  prescribe,  and  appeals  from 
their  acts  and  decisions  may  be  made  to  him,  as  here- 
in provided.  (314) 

They  must,  whenever  required  by  the  commissioner  of 
education,  report  to  him  as  to  any  particular  matter  ,or  act, 
and  severally  make  to  him  annually,  Aug.  1  in  each  year,  a 
report  in  such  form  and  containing  all  such  particulars  as  he 
shall  prescribe  and  call  for.  (3 14) 

For  that  purpose,  they  must  procure  the  reports  of  the 
trustees  of  the  school  districts  from  the  town  clerk's  offices, 
and,  after  abstracting  the  necessary  contents  thereof,  arrange 
and  indorse  them  properly  and  deposit  them,  with  a  copy 
of  their  own  abstract  thereof,  in  the  office  of  the  county  clerk, 
and  the  clerk  shall  safely  keep  them.  (314) 

No  school  commissioner  may  be  directly  or  in- 
directly engaged  in  the  business  of  a  publisher  of 
school  books,  maps  or  charts,  or  of  a  bookseller,  or 
in  the  manufacture  or  sale  of  school  apparatus  or 
furniture;  nor  may  he  act  as  agent  for  an  author, 
publisher,  or  bookseller,  or  dealer  in  school  books, 
maps  or  charts,  or  manufacturer  of  or  dealer  in  any 
school  furniture  or  apparatus;  nor  directly  or  indi- 
rectly receive  any  gift,  emolument,  reward  or  prom- 
ise of  reward,  for  his  influence  in  recommending  or 
procuring  the  use  of  any  book,  map  or  chart,  or 


County]  Must  not  act  as  Agent  383 

school  apparatus,  or  furniture  of  any  kind  whatever, 
in  any  common  or  union  free  school,  or  the  purchase 
of  any  books  for  a  school  district  library.  (315) 

Any  violation  of  this  provision,  or  of  any  part  thereof,  shall 
be  a  misdemeanor;  and  any  such  violation  shall  subject  such 
commissioner  to  removal  from  his  office  by  the  commissioner 
of  education.  (315) 

In  the  case  of  Commissioner  John  C.  Rockwell  of 
Westchester  county  it  was  decided  that  a  commission- 
er may  not  conduct  a  teachers'  agency  and  receive 
pay  for  placing  teachers. 

Commissioner  Draper  wrote  to  him  April  19,  1906,  ordering 
him  to  appear  at  Albany,  saying  it  appeared : 

"1st.  That  in  November  or  December  1903,  Florence 
Earle  Clark  was  appointed  a  teacher  in  school  district  No.  3, 
town  of  Rye,  in  the  first  school  commissioner  district  of 
Westchester  County,  at  a  salary  of  $600  per  year;  that  soon 
thereafter  you  sent  her  a  bill  of  $30  for  services  in  aiding  her 
to  obtain  the  appointment,  and  that  such  bill  was  paid  by 
the  said  Florence  Earle  Clark  and  accepted  by  you.  *  *  *  * 

"9th.  That  at  the  time  each  of  the  foregoing  appoint- 
ments of  teachers  were  made  in  this  said  district  No.  3,  town 
of  Rye,  you  were  the  school  commissioner  of  the  first  school 
commissioner  district  of  Westchester  County,  and  that  the 
said  school  district  No.  3,  town  of  Rye,  is  within  the  said 
school  commissioner  district,  and  subject  to  your  supervision." 

Mr.  Rockwell  appeared,  and  on  May  8  this  decision  was 
rendered:  "It  is  distinctly  said  that  such  course  is  abhorrent  to 
the  manifest  spirit  and  intent  of  the  law  and  to  the  moral  needs 
of  the  situation.  *  *  * 

"The  conclusion  is  that  the  school  commissoner  must  retire 
from  the  office  within  30  days  unless  within  that  time  he 
satisfies  the  department  that  he  has  abandoned  and  wholly 
divested  himself  of  all  interests  in  the  business  of  securing 
places  for  teachers  or  pay;  for  that  in  the  advent  of  failure 
to  do  this,  the  order  of  removal  will  follow." 


384  School  Commissioner       [Part  VI 

Whenever  it  shall  be  proved  to  his  satisfaction  that 
any  school  commissioner  or  other  school  officer  has 
been  guilty  of  any  wilful  violation  or  neglect  of  duty 
under  this  chapter,  or  any  other  act  pertaining  to 
common  schools,  or  wilfully  disobeying  any  decision, 
order  or  regulation  the  commissioner  of  education 
may  remove  such  school  commissioner  or  other  school 
officer  from  his  office.  (338:  see  303) 

He  may  at  any  time  vacate  his  office  by  filing  his  resigna- 
tion with  the  county  clerk.  His  removal  from  the  county,  or 
the  acceptance  of  the  office  of  supervisor,  town  clerk  or  trus- 
tee of  a  school  district,  vacates  his  office.  (140,  304) 

So  soon  as  he  has  notice  of  the  existence  of  a  vacancy  in  the  office  of  school 
commissioner,  the  county  clerk  gives  notice  thereof  to  the  county  judge,  or,  if 
that  office  be  vacant,  to  the  commissioner  of  education.  In  case  of  a  va- 
cancy the  county  judge,  or,  if  there  be  no  county  judge,  then  the  commis- 
sioner of  education  must  appoint  a  school  commissioner,  who  shall  hold  his 
office  until  Jan.  1  succeeding  the  next  general  election,  and  until  his  suc- 
cessor, who  shall  be  chosen  at  such  general  election,  shall  have  qualified. 
A  per§on  elected  to  fill  a  vacancy  holds  the  office  only  for  the  unexpired 
term.  (305) 

He  receives  an  annual  salary  of  $1,000  payable 
quarterly  out  of  the  free  school  fund  appropriated  for 
this  purpose.  (306) 

Whenever  a  majority  of  the  supervisors  from  all  the  towns 
composing  a  school  commissioner  district  adopt  a  resolution 
to  increase  the  salary  of  their  school  commissioner  beyond  the 
$1000  payable  to  him  from  the  free  school  fund,  it  is  the  duty 
of  the  board  of  -supervisors  of  the  county  to  give  effect  to  such 
resolution,  and  they  must  assess  the  increase  stated  therein' 
upon  the  towns  composing  such  commissioner  district,  rat- 
ably,  according  to  the  corrected  valuations  of  the  real  and 
personal  estate  of  such  towns.  (307) 

The  board  of  supervisors  must  annually  audit  and  allow 
to  each  school  commissioner  within  the  county  a  fixed  sum 
ot  at  least  $200  for  his  expenses,  and  assess  and  levy  that 


County]  Duties  385 

amount  annually,  by  tax  upon  the  towns  composing  his  dis- 
trict.    (308) 

Whenever  the  commissioner  of  education  is  satisfied  that 
a  school  commissioner  has  persistently  neglected  to  perform 
his  duties,  he  may  withhold  his  order  for  the  payment  of  the 
whole  or  any  part  of  such  commissioner's  salary  as  it  becomes 
due,  and  the  salary  so  withheld  is  forfeited ;  but  the  commis- 
sioner of  education  may  remit  the  forfeiture,  in  whole  or  in 
part,  upon  the  school  commissioner  disproving  or  excusing 
such  neglect.  (309) 

The  school  commissioner  has  power,  and  it  is  his 
duty: 

1.  From  time  to  time  to  inquire  into  and  ascertain 
whether  the  boundaries  of  the  school  districts  within  his 
district  are  definitely  and  plainly  described  in  the    rec- 
ords of  the  proper  town  clerks.     (313) 

In  case  the  records  of  the  boundaries  of  any  school  district 
are  found  defective  or  indefinite,  or  if  the  same  shall  be  in 
dispute,  then  he  must  cause  the  same  to  be  amended,  or  an 
amended  record  of  the  boundaries  to  be  made.  (313) 

All  necessary  expenses  incurred  in  establishing  such  amended 
records  are  a  charge  upon  the  districts  affected,  to  be  audited 
and  allowed  by  the  trustees  thereof,  upon  the  certificate  of 
the  school  commissioner.  (313) 

2.  To  visit  and  examine  all  the  schools  and  school 
districts   within   his   district    as   often    in    each    year 
as  shall  be  practicable',  to  inquire  into  all  matters  re- 
lating to  the  management,  the  course  of  study  and  mode 
of  instruction,  and  the  text-books  and  discipline  of  such 
schools,  and  the  condition  of  the  school-houses,  sites, 
out-buildings  and  appurtenances,   and  of  the  district 
generally,  to  examine  the  school  libraries',  to  advise  with 
and  counsel  the  trustees  and  other  officers  of  the  district 


386  School  Commissioner       [Part  VI 

in  relation  to  their  duties,  and  particularly  in  respect 
to  the  construction,  heating,  ventilating  and  lighting 
of  school-houses,  and  the  improving  and  adorning  of  the 
school  grounds  connected  therewith',  and  to  recommend 
to  the  trustees  and  teachers  the  proper  studies,  discipline 
and  management  of  the  schools,  and  the  course  of  in- 
struction to  be  pursued.  (313) 

3.  Upon  such  examination,  to  direct  the  trustees  to 
make  any  alterations   or   repairs   on   the  school-house 
or  out-buildings  which  shall,  in  his  opinion,  be  necessary 
for    the  health  or  comfort  of  the  pupils.     (313) 

The  expense  of  making  such  alterations  or  repairs  shall, 
in  no  case,  exceed  the  sum  of  $200,  unless  an  additional  sum 
shall  be  voted  by  the  district.  (313) 

4.  To  direct  the  trustees  to  make  any  alterations  or 
repairs  to  school  furniture,  or  when  in  his  opinion  any 
furniture  is  unfit  for  use  and  not  worth  repairing,  or 
when  sufficient  furniture  is  not  provided,  to  direct  that 
new  furniture  shall  be  provided  as  he  may  deem  neces- 
sary.    (313) 

The  expense  of  such  alterations,  repairs  or  additions  to 
furniture  must  not  in  any  one  year  exceed  the  sum  of  $100. 
(196,  313) 

5.  To  direct  the  trustees  to  abate  any  nuisance  in  or 
upon  the  premises,  provided  the  same  can  be  done  at 
an  expense  not  exceeding  $25.     (196,  313) 

6.  To  examine  and  license  teachers.     (313) 

Under  such  rules  and  regulations  as  have  been  or  may  be 
prescribed  by  the  commissioner  of  education,  ^he  examines, 
persons  proposing  to  teach  common  schools  within  his  dis- 
trict, and  not  possessing  the  certificate  of  qualification  of  the 
commissioner  of  education  or  an  unannulled  certificate  of  a 


County]  Duties  387 

former  superintendent  of  public  instruction  or  a  diploma  of 
a  state  normal  school,  and  inquires  into  their  moral  fitness 
and  capacity,  and,  if  he  finds  them  qualified,  grants  them 
certificates  of  qualification,  in  forms  prescribed  by  the  com- 
missioner of  education  (553).  See  pages  84-94. 

No  certificate  may  be  granted  to  any  person  to  teach  in  the 
public  schools  of  this  state,  who  has  not  passed  a  satisfactory 
examination  in  physiology  and  hygiene,  with  special  refer- 
ence to  the  effects  of  alcoholic  drinks,  stimulants  and  narcotics 
upon  the  human  system.  (553) 

No  certificate  may  be  granted  to  any  person  under  the  age 
of  16  years.  (553) 

Nor  is  any  person  qualified  to  teach  under  the  age  of  18. 
(550) 

7.  To  revoke  a  teacher's  certificate.     (313) 

A  school  commissioner  must  examine  any  charge  affecting 
the  moral  character  of  any  teacher  within  his  district,  first 
giving  such  teacher  reasonable  notice  of  the  charge,  and  an 
opportunity  to  defend  himself  therefrom;  and  if  he  finds  the 
charge  sustained,  he  must  annul  the  teachers'  certificate,  by 
whomsoever  granted,  and  declare  him  unfit  to  teach.  (554) 

If  the  teacher  holds  a  certificate  of  the  commissioner  of  ed- 
ucation or  of  a  former  superintendent  of  public  instruction 
or  a  diploma  of  a  state  normal  school,  he  must  notify  the 
commissioner  of  education  forthwith  of  such  annulment  and 
declaration.  (554) 

8.  To    condemn    a    school-house    (115,    313).     See 
page  24. 

9.  And,  generally,  to  use  his  utmost  influence  and 
most  strenuous  exertions  to  promote  sound  education, 
elevate  the  character  and  qualifications  of  teachers,  im- 
prove the  means  of  instruction  and  advance  the  interests 
of  the  schools  under  his  supervision.     (313) 

10.  To  notify  all  teachers,  trustees,  boards  of  educa- 
tion and  others  known  to  him,  who  mav  desire  to  become 


388  School  Commissioners         [Part  VI 

teachers  under  his  jurisdiction,  of  the  time  when  and 
the  place  where  the  institute  will  be  held.     (621) 

1 1 .  To  make  all  necessary  arrangements  for  holding 
the  institute  when  appointed.  (621) 

The  commissioner  of  education  appoints  an  institute  once 
in  each  year  in  each  school  commissioner  district  of  the 
state,  for  the  benefit  and  instruction  of  the  teachers  in  the 
public  schools,  and  of  such  as  intend  to  become  teachers, 
with  special  reference  to  the  presentation  of  subjects  relating 
to  the  principles  of  education  and  methods  of  instruction  in 
the  various  branches  of  study  pursued  in  the  schools.  After 
consultation  with  the  school  commissioners,  he  determines 
the  duration  of  each  institute  and  designates  the  time  and 
place  of  holding  the  same;  he  employs  suitable  persons,  at  a 
reasonable  compensation,  to  supervise  and  conduct  the  in- 
stitutes, and  provides  additional  instruction  as  needed.  (620) 

The  school  commissioner  must  see  that  a  suitable  room  is 
provided ;  attend  to  all  necessary  details  connected  therewith ; 
assist  the  conductor  in  organization ;  keep  a  record  of  all  teach- 
ers in  attendance ;  and  notify  the  trustees  of  the  number  of 
days  attended  by  the  teachers  of  the  various  districts,  which 
are  the  basis  of  pay  to  such  teacher  for  attendance.  (621) 

He  must  transmit  to  the  commissioner  of  education  at  the 
close  of  each  institute,  in  such  form,  and  within  such  time 
as  such  commissioner  shall  prescribe,  a  full  report  of  the  in- 
stitute, including  a  list  of  all  teachers  in  attendance,  the  num- 
ber of  days  attended  by  each  teacher,  with  such  other  statis- 
tical information  as  may  be  required.  (621) 

He  must  present  a  full  statement  of  all  expenses  incurred 
by  him  in  carrying  on  the  institute,  with  vouchers  for  all 
expenditures  made,  accompanying  the  same  by  an  affidavit 
of  the  correctness  of  statements  made  and  of  accounts  pre- 
sented. (621) 

The  treasurer  will  pay,  on  the  warrant  of  the  comptroller, 
to  the  order  of  any  one  or  more  of  the  school  commissioners, 
such  sum  of  money  as  the  commissioner  of  education  shall 


County]  Teachers1  Institutes  389 

certify  to  be  due  to  them  for  expenses  in  holding  a  teachers' 
institute;  and  upon  the  like  warrant  and  certificate  will  pay 
to  the  order  of  any  persons  employed  by  the  commissioner 
of  education  as  additional  instructors  to  conduct,  instruct, 
teach  or  supervise  any  such  teachers'  institute.  (626) 

In  1905  George  Turner  Miller  of  Chemung  county  was  re- 
moved from  office  for  failing  to  pay  over  promptly  the 
money  sent  him  for  institute  expenses. 

He  has  the  right  to  hold  an  institute  when  ap- 
pointed in  any  school  building  in  any  district  under 
his  jurisdiction  which  receives  public  money  from  the 
state,  without  expense  therefor  to  the  state  beyond 
a  reasonable  allowance  to  said  district  for  lighting, 
heating,  and  janitor  service.  (622) 

Due  and  proper  care  shall  be  maintained,  and  the  school 
building  left  in  the  like  condition  as  found  as  regards  cleanli- 
ness and  neatness.  (113,  622) 

Any  person  under  contract  to  teach  in  a  school  in 
any  commissioner  district,  is  required  to  attend  an 
institute  if  held  for  that  district,  even  though  at  the 
time  the  school  is  not  in  session,  and  is  entitled  to 
receive  wages  for  such  attendance.  (625) 

Wilful  failure  on  the  part  of  a  teacher  to  attend 
a  teachers'  institute  as  required,  is  considered  suffi- 
cient cause  for  the  revocation  of  such  teacher's  li- 
cense. (625) 

Wilful  failure  on  the  part  of  trustees  to  close  their 
schools  during  the  holding  of  an  institute  as  required, 
is  considered  sufficient  cause  for  withholding  the 
public  moneys  to  which  such  districts  would  other- 
wise be  entitled.  (623) 

12.  To  visit  and  examine  training  classes.     (644) 


390  School  Commissioners         [Part  VI 

Each  class  organized  in  any  academy  or  union 
school  under  appointment  by  the  commissioner  of  ed- 
ucation for  instruction  in  the  science  and  practice  of 
common  school  teaching,  is  subject  to  the  visitation 
of  the  school  commissioner  of  the  district  in  which 
such  academy  or  union  school  is  situated.  (644) 

It  is  the  duty  of  said  school  commisioner  to  advise  and 
assist  the  principals  of  said  academies  or  union  schools  in  the 
organization  and  management  of  said  classes,  and  at  the  close 
of  the  term  of  instruction  of  said  classes,  under  the  direction 
of  the  commissioner  of  education,  to  examine  the  students  in 
such  classes,  and  to  issue  teachers'  certificates  to  such  as  show 
moral  character,  fitness  and  scholastic  and  professional  qual- 
ifications, worthy  thereof.  (644) 

13.  To  accept  resignation  of  district  officers.     (148) 

14.  To  fill  vacancy  in  the  office  of  trustee  which  has 
not  been  supplied  within  1  month  by  district  meeting. 
(150,  152) 

15.  To  ascertain  the  tax  rate  of  each  tax  district  and 
determine  the  proportion  of  the  tax  on  bank  stock  to 
which  each  district  is  entitled.     (62:  1909) 

16.  To  approve  of  expenditure  by  trustees  for  water 
closets.     (116) 

He  has  power  to  take  affidavits  and  administer 
oaths  in  all  matters  pertaining  to  common  schools, 
but  without  charge  or  fee;  and  under  the  direction 
of  the  commissioner  of  education  to  take  and  report 
to  him  the  testimony  in  any  case  of  appeal.  (312) 

When  so  directed  by  the  commissioner  of  educa- 
tion he  has  power  to  issue  subpoenas  to  compel  the 
attendance  of  witnesses.  (312) 


County]         Oaths  and  Subpoenas 


391 


Service  of  said  subpoenas  must  be  made  a  reasonable  time 
before  the  time  therein  named  for  the  hearing,  by  exhibiting 
the  same  to  the  person  so  served,  with  the  signature  of  the 
school  commissioner  attached,  and  by  leaving  with  such  per- 
son a  copy  thereof.  The  person  so  served  is  entitled  to  re- 
ceive from  the  person  or  officer  at  whose  instance  he  is  sub- 
poenaed, at  the  time  of  service,  the  same  fees  as  are  pro- 
vided by  law  for  witnesses  in  courts  of  record.  Disobedience 
of  such  subpoena  subjects  the  delinquent  to  a  penalty  of 
$25,  which  must,  unless  sufficient  excuse  is  shown,  upon  the 
certificate  of  the  school  commissioner  showing  such  facts, 
be  imposed  by  the  connty  judge  of  the  county  in  which  such 
school  commissioner  resides,  and  be  paid  forthwith  to  the 
county  treasurer  for  the  benefit  of  the  poor  of  the  county,  or, 
in  case  such  penalty  be  not  paid,  such  delinquent  must  stand 
committed  to  the  county  jail  of  the  county  for  the  period  of 
25  days,  unless  sooner  paid.  (312) 

A  school  commissioner  may,  upon  the  written  request  of 
the  school  commissioner  of  an  adjoining  district,  perform 
any  of  his  duties  for  him,  and  upon  requirement  of  the  com- 
missioner of  education  must  perform  the  same.  (310) 

All  the  rights,  powers  and  duties  conferred  upon  school 
commissioners  extend  to  all  districts  organized  'under  special 
acts.  (311) 

On  Dec.  1,  1909,  William  H.  Woodward  of  the  3d 
district  of  Albany  county  was  removed  from  office 
for  failing  to  file  the  trustees'  reports,  and  other 
negligence. 


CHAPTER  XXX 
The  Commissioner  of  Education 

Incidentally  the  comptroller  has  much  to  do  with 
schools. 

He  gives  his  warrant  to  the  county  treasurer  for 
unpaid  taxes  (410).  See  page  69. 

He  transfers  the  funds  which  make  up  the  educa- 
tion fund  (58 :1099) .  See  page  265. 

He  gives  warrant  for  the  payment  of  money  appro- 
priated by  the  legislature  (58 :1909) .  See  pages  265-6. 

He  may  withhold  payment  of  school  moneys  till 
satisfied  that  the  county  has  paid  into  the  state 
treasury  the  money  required  to  be  raised  for  schools 
(460).  See  page  273. 

He  gives  his  warrant  for  payment  of  the  public 
library  money  (1043).  See  page  33. 

He  receives  from  the  regents  vouchers  for  proper 
expenditure  for  free  libraries  (1043).  See  page  33. 

The  state  treasurer  handles  most  of  the  school 
funds.  See  pages  266,  273. 

He  pays  the  school  tax  levied  upon  lands  in  the 
forest  preserves  (62:1909).  See  page  59. 

He  pays  out  the  public  library  money  from  the  U . 
S.  deposit  fund  (1043).  See  page  33. 

The  forest,  fish  and  game  commission  must  ap- 
prove in  writing  the  erection  of  a  school-house  on 
state  lands.  (62:1909),  and  may  grant  certificates 
to  collect  birds  (24:1909).  See  pages  59,  414. 

(392) 


State]     Secretary  Board  of  Regents         393 

The  commissioner  of  education  is  the  chief  school 
officer  of  the  state,  and  wields  far  greater  power  than 
any  school  officer  in  any  other  state. 

While  no  express  authority  was. given  the  com- 
missioner of  education  to  establish  regulations  as  to 
the  management  of  public  schools,  he  has  the  power 
to  make  such  regulations  as  are  consistent  with  the 
general  purpose  of  the  state  and  not  inconsistent  with 
the  laws  of  the  state.  (184  N  Y  421) 

He  serves  during  the  pleasure  of  the  board  of  re- 
gents and  all  vacancies  in  the  office  are  filled  by  ap- 
pointment of  the  board  of  regents.  (330) 

He  may  be  elected  or  appointed  without  regard  to  the  place 
of  his  residence,  whether  it  be  within  or  without  the  state 
of  New  York.  He  receives  an  annual  salary  of  $7500  and 
$1500  for  traveling  and  other  expenses.  (330) 

All  the  powers  and  duties  of  the  board  of  regents 
in  relation  to  the  supervision  of  elementary  and  sec- 
ondary schools,  including  all  schools,  except  colleges, 
technical  and  professional  schools,  are  devolved  upon 
the  commissioner  of  education,  who  is  the  secretary 
and  the  executive  officer  of  the  board  of  regents.  (331) 

To  recapitulate  all  the  powers  and  duties  of  the 
commissioner  of  education  would  be  to  repeat  a  large 
part  of  this  volume,  for  on  almost  every  page  there  is 
some  reference  to  his  final  authority.  For  instance: 

He  may  modify  or  vacate  a  school  commissioner's  order 
changing  district  boundaries  (25).  See  page  10. 

He  may  order  special  district  meetings     (85) .    See  page  16. 

He  receives  copies  of  orders  of  condemnation  (115).  See 
page  24. 

He  must  approve  of  plans  of  schoolhouses  costing  $500 
(111).  See  page  25. 


394          Commissioner  of  Education  [Part  VI 

He  may  approve  of  accepting  conditional  gift  for  library 
(1029).  See  page  29. 

He  makes  rules  for  the  use  of  the  school  library  (1045). 
See  page  43. 

He  receives  reports  of  school  libraries  (1045).      See  page  34 

He  may  withhold  public  money  when  library  money  is 
improperly  used  (1051).  See  page  35. 

He  approves  of  contracts  to  instruct  children  of  a  neigh- 
boring district  (600).  See  page  38. 

He  designates  what  must  appear  in  trustees'  reports  (62) . 
See  page  43. 

He  may  remove  any  school  officer  for  cause  (338) .  See 
pages  52,  72.  Or  library  trustees  (1040).  See  page  32. 

He  approves  of  gifts  for  libraries  (1034).  See  page  30. 
Or  of  transfer  of  libraries  (1029).  See  pages  31,  34. 

He  may  suspend  the  rights  of  libraries  to  money  and  books 
(1040).  See  page  31. 

He  may  prescribe  rules  for  lending  books  from  the  state 
library  (1041).  See  page  32. 

He  may  provide  for  giving  advice  to  libraries  (1041). 
See  page  32.  And  charge  non-residents  for  it  (1042).  See 
page  32. 

He  apportions  library  money  (1043).  Seepage  33.  And 
school  money  (541).  See  pages  266,  75. 

These  are  only  illustrations  of  his  powers  from  a 
few  pages;  the  entire  school  law  is  largely  an  exem- 
plification of  his  powers.  But  some  of  the  more 
important  are  as  follows: 

1.  He  has  power  to  create  such  departments  as  in 
his  judgment  are  necessary.  (331) 

He  appoints  deputies  and  heads  of  such  departments,  sub- 
ject to  the  aproval  of  the  regents.  Such  heads  of  depart- 
ments appoint,  subject  to  approval  by  the  commissioner  of 
education,  such  subordinates  in  their  respective  departments 
as  in  their  judgment  are  necessary.  (33 1) 


State]  Cornell  University  395 

2.  He  is  responsible  for  the  safe  keeping  and  proper 
use  of  the  university  seal  and  of  the  books,  records  and 
other  property  in  charge  of  the  regents,   and  for  the 
proper   administration   and   discipline   of  the  various 
offices   and  departments  of  the  university.     (331) 

3.  He  is  ex  officio  a   trustee  of  Cornell  university. 
(331) 

The  board  of  trustees  is  made  up  of  the  governor,  the  lieu- 
tenant-governor, the  speaker  of  the  house  of  assembly,  the 
commissioner  of  education,  the  president  of  the  state  agricul- 
tural society,  the  commissioner  of  agriculture,  the  librarian 
of  the  Cornell  library  and  the  president  of  the  university, 
ex-officio,  and  the  eldest  lineal  male  descendant  of  Ezra  Cor- 
nell is  a  trustee  thereof  during  his  life.  To  fill  the  vacancies 
in  the  board  existing  among  the  elective  trustees,  the  gover- 
nor appoints  subject  to  confirmation  by  the  senate,  one  trus- 
tee for  the  term  of  5  years,  whose  term  of  office  begins  at  the 
expiration  of  the  term  of  the  retiring  trustee.  In  the  event 
of  a  vacancy  occurring  among  the  trustees  appointed  by  the 
governor,  by  death  and  otherwise,  the  governor,  subject  to 
confirmation  by  the  senate,  as  provided  aforesaid,  appoints 
a  trustee  to  fill  the  vacancy  for  the  unexpired  term.  (1121) 

There  are  also  26  elective  trustees,  15  of  whom  shall  be  elected  by  the 
board  of  trustees,  and  10  by  the  alumni  of  said  university  and  one  each 
year  by  the  executive  committee  of  the  New  York  state  grange  at  the  an- 
nual meeting  of  said  grange,  for  a  term  of  one  year,  his  term  of  office  to  begin 
at  the  first  commencement  week  subsequent  to  his  election.  (1121) 

At  no  time  shall  a  majority  of  the  board  be  of  any  one  religious  sect  or 
of  no  religious  sect.  (1121) 

The  Cornell  farm  and  grounds  consists  of  not  less 
than  200  acres.  (1122) 

For  the  protection  of  the  grounds,  farm  buildings  and  prop- 
erty of  the  university,  the  supervisor  of  the  town  of  Ithaca 
may  appoint,  upon  the  recommendation  of  the  board  of 
trustees,  not  more  than  3  suitable  persons,  as  special  con- 
stables, who  shall  have  and  exercise  within  the  boundaries  of 


396         Commissioner  of  Education  [Part  VII 

such  university  grounds,  the  powers  and  duties  of  constables 
of  towns,  and  whose  compensation  shall  be  regulated  and  paid 
by  said  board  of  trustees  of  the  university.  (1122) 

The  leading  object  of  Cornell  university  is  to  teach 
such  branches  of  learning  as  are  related  to  agricul- 
ture and  the  mechanic  arts,  including  military  tac- 
tics; in  order  to  promote  the  liberal  and  practical  ed- 
ucation of  the  industrial  classes  in  the  several  pursuits 
and  professions  in  life.  (1123) 

But  such  other  branches  of  science  and  knowledge  may  be 
embraced  in  the  plan  of  instruction  and  investigation  per- 
taining to  the  university  as  the  trustees  deem  useful  and 
proper.  (1123) 

The  university  is  authorized  to  establish  faculties,  depart- 
ments and  branches  and  carry  on  its  work  at  any  places  in 
this  state  and  to  confer  any  and  all  literary,  scientific,  tech- 
nical and  professional  degrees,  and  in  testimony  thereof 
award  certificates  and  diplomas. 

Persons  of  every  religious  denomination,  or  of  no  re- 
ligious denomination,  shall  be  equally  eligible  to  all  offices  and 
appointments .  ( 1 1 23) 

The  trustees  make  all  the  reports  and  perform  such 
other  acts  as  may  be  necessary  to  conform  to  the  act 
of  congress  entitled  "An  act  donating  public  lands  to 
the  several  states  and  territories  which  may  provide 
colleges  for  the  benefit  of  agriculture  and  the  mechanic 
arts"  approved  July  2,  1862.  (1125) 

It  is  subject  to  visitation  of  the  regents  of  the  university 
of  the  state  of  New  York.  (1125) 

The  several  departments  of  study  in  Cornell  uni- 
versity are  open  to  applicants  for  admission  thereto 
at  the  lowest  rates  of  expense  consistent  with  its  wel- 
fare and  efficiency,  and  without  distinction  as  to 


State]  Cornell  Examinations  397 

rank,  class,  previous  occupation  or  locality.  (1127) 
With  a  view  to  equalize  its  advantages  to  all  parts 
of  the  state,  the  institution  must  receive  students  to 
the  number  of  one  each  year  from  each  assembly 
district  in  this  state,  to  be  selected  by  examination, 
and  give  them  instruction  in  any  or  in  all  the  pre- 
scribed branches  of  study  in  any  department  of  said 
institution,  free  of  any  tuition  fee  or  of  any  incidental 
charges  to  be  paid  to  said  university,  unless  such  in- 
cidental charges  shall  have  been  made  to  compensate 
for  materials  consumed  by  said  students  or  for  dam- 
ages needlessly  or  purposely  done  by  them  to  the 
property  of  said  university.  (1127) 

This  free  instruction  is  accorded  to  said  students 
in  consideration  of  their  superior  ability,  and  as  a  re- 
ward for  superior  scholarship  in  the  academies  and 
public  schools  of  this  state.  (1127) 

Such  students  are  selected  as  the  legislature  may 
from  time  to  time  direct,  and  until  otherwise  ordered 
as  follows: 

1.  A  competitive  examination,  under  the  direction  of  the 
education  department,  is  held  at  the  county  court-house  in 
each  county  of  the  state,  upon  the  1st  Saturday  in  June,  in 
each  year,  by  the  city  superintendents  and  the  school  com- 
missioners of  the  county.  (1127) 

2  None  but  pupils  of  at  least  16  years  of  age  and  of  6 
months'  standing  in  the  common  schools  or  academies  of  the 
state,  during  the  year  immediately  preceding  the  examina- 
tion, are  eligible.  (1127) 

3.  The  examination  is  upon  such  subjects  as  may  be  des- 
ignated by  the  president  of  the  university.  Question  papers 
prepared  by  the  education  department  are  used,  and  the  ex- 
amination papers  handed  in  by  the  different  candidates  are 


398         Commissioner  of  Education  [Part  VII 

retained  by  the  examiners  and  forwarded  to  the  education 
department.     (1127) 

The  examiners  must,  within  10  days  after  such  examina- 
tion, make  and  file  in  the  education  department  a  certificate, 
in  which  they  name  all  the  candidates  examined  and  specify 
the  order  of  their  excellence,  and  such  candidates  in  the  order 
of  .their  excellence,  become  entitled  to  the  scholarships  be- 
longing to  their  respective  counties.  (1127) 

5.  In  case  any  candidate  who  may  become  entitled  to  a 
scholarship  fails  to  claim  the  same,  or  fails  to  pass  the  en- 
trance examination  at  the  university,  or  dies,  resigns,  absents 
himself  without  leave,  is  expelled  or,  for  any  other  reason, 
abandons  his  right  to  or  vacates  such  scholarship  either  before 
of  after  entering  thereupon,  then  the  candidate  certified  to 
be  next  entitled  in  the  said  county  becomes  entitled  to  the 
same.     (1127) 

In  case  any  scholarship  belonging  to  any  county  is  not 
claimed  by  any  candidate  resident  in  that  county,  the  com- 
missioner of  education  may  fill  the  same  by  appointing 
thereto  some  candidate  first  entitled  to  a  vacancy  in  some 
other  county,  after  notice  has  been  served  on  the  superin- 
tendent or  commissioners  of  schools  of  said  county.  In 
any  such  case,  the  president  of  the  university  must  at  once 
notify  the  commissioner  of  education  and  the  officer  must 
immediately  notify  the  candidate  next  entitled  to  the  vacant 
scholarship  of  his  right  to  the  same.  (1127) 

6.  Any  state  student  who  makes  it  appear  to  the  satisfac- 
tion of  the  president  of  the  university  that  he  requires  leave 
of  absence,  for  the  purpose  of  earning  funds  with  which  to 
defray  his  living  expenses  while  in  attendance,  may,  in  the 
discretion  of  the  president,  be  granted  such  leave  of  absence, 
and  may  be  allowed  a  period  not  exceeding  6  years  from  the 
commencement  thereof  for  the  completion  of  his  course  at 
said  university.     (1127) 

7.  In  certifying  the  qualifications  of  the  candidates,  pref- 
erence is  given,  where  other  qualifications  are  equal,  to  the 
children  of  those  who  have  died  in  the  military  or  naval  ser- 
vice of  the  United  States.     (1127) 


State] 


Cornell  Examinations 


399 


8.  Notices  of  the  time  and  place  of  the  examinations  are 
given  in  all  the  schools  having  pupils  eligible  thereto,  prior 
to  Jan.  1  in  each  year,  and  must  be  published  once  a  week, 
for  3  weeks,  in  at  least  2  newspapers  in  each  county  immed- 
iately prior  to  the  holding  of  such  examinations.     The  cost 
of  publishing  such  notices  and  the  necessary  expenses  of 
such  examination  are  a  charge  upon  each  county,  respectively, 
and  must  be  audited  and  paid  by  the  board  of  supervisors 
thereof.     (1127) 

9.  The  commissioner  of  education  attends  to  the  giving 
and   publishing   of   the   notices   hereinbefore   provided   for. 
(1127) 

He  may,  in  his  discretion,  direct  that  the  examination  in 
any  county  may  be  held  at  some  other  time  and  place  than 
that  above  specified,  in  which  case  is  must  be  held  as  directed 
by  him.  (1127) 

He  keeps  full  records  in  his  department  of  the  reports  of 
the  different  examiners,  showing  the  age,  post-office  address 
and  standing  of  each  candidate,  and  nqtifies  candidates  of 
their  rights.  He  determines  any  controversies  which  may 
arise.  He  is  charged  with  the  general  supervision  and  direc- 
tion of  all  matters  in  connection  with  the  filling  of  such 
scholarships.  (1127) 

Students  enjoying  the  privileges  of  free  scholarships  must, 
in  common  with  the  other  students  of  said  university,  be 
subject  to  all  the  examinations,  rules  and  requirements  of 
the  board  of  trustees,  or  faculty  of  the  university,  except  as 
herein  provided.  (1127) 

Cornell  maintains  the  state  veterinary  college. 

This  is  established  to  conduct  investigations  as  to  the 
nature,  prevention  and  cure  of  all  diseases  of  animals,  includ- 
ing such  as  are  communicable  to  man  and  such  as  cause  epi- 
zootics among  live  stock;  to  investigate  the  economical  ques- 
tions which  will  contribute  to  the  more  profitable  breeding, 
rearing  and  utilization  of  animals;  to  produce  reliable  stand- 
ard preparations  of  toxins,  antitoxins  and  other  products  to 
be  used  in  the  diagnosis,  prevention  and  cure  of  diseases  and 


400         Commissioner  of  Education  [Part  VII 

in  the  conducting  of  sanitary  work  by  approved  modern 
methods;  and  to  give  instruction  in  the  normal  structure  and 
function  of  the  animal  body,  in  the  pathology,  prevention 
and  treatment  of  animal  diseases,  and  in  all  matters  pertain- 
ing to  sanitary  science  as  applied  to  live  stock  and  correl- 
atively  to  the  human  family.  (1128) 

The  state  college  of  agriculture  is  established  at 
Cornell  university.  (1129) 

Its  object  is  to  improve  the  agricultural  methods  of  the 
state;  to  develop  the  agricultural  resources  of  the  state  in 
the  production  of  crops  of  all  kinds,  in  the  rearing  and  breed- 
ing of  live-stock,  in  the  manufacture  of  dairy  and  other  prod- 
ucts, in  determining  better  methods  of  handling  and  market- 
ing such  products,  and  in  other  ways;  and  to  increase  intel- 
ligence and  elevate  the  standards  of  living  in  the  rural  dis- 
tricts. (1129) 

For  the  attainment  of  these  objects  the  college  is  author- 
ized to  give  instruction  in  the  sciences,  arts  and  practices 
relating  thereto,  in  such  courses  and  in  such  manner  as  shall 
best  serve  the  interests  of  the  state;  to  conduct  extension 
work  in  disseminating  agricultural  knowledge  throughout  the 
state  by  means  of  experiments  and  demonstrations  on  farms 
and  gardens,  investigations  of  the  economic  and  social  status 
of  agriculture,  lectures,  publication  of  bulletins  and  reports, 
and  in  such  other  ways  as  may  be  deemed  advisable  in  the 
furtherance  of  the  aforesaid  objects;  to  make  researches  in 
the  physical,  chemical,  biological  and  other  problems  of  agri- 
culture, the  application  of  such  investigations  to  the  agricul- 
ture of  New  York,  and  the  publication  of  the  results  thereof. 
(1129) 

Fees  and  charges  in  the  college  of  agriculture  are  fixed  by 
Cornell  university,  and  the  moneys  received  from  these 
sources  and  from  the  sales  of  products  are  credited  to  a  sep- 
arate fund  and  used  for  the  current  expenses  of  the  college 
of  agriculture.  (1129) 

Similar  schools  are  established   at    St.   Lawrence 


State] 


Normal  Schools 


401 


university    (1140-2),    at   Alfred   university    (1160-1), 
and  at  Morrisville  (1180-1) 

In  all  these  bona  fide  residents  of  the  state  of  New 
York  are  entitled  to  free  tuition. 

4.  He  is  ex  officio  a  trustee  of  the  New   York  state 
asylum  for  idiots.     (331) 

5.  He  has  general  supervision  over  the  state  normal 
schools.     (331) 

State  normal  schools  are  at  Brockport,  Buffalo, 
Cortland,  Fredonia,  Geneseo,  New  Paltz,  Oneonta, 
Oswego,  Plattsburgh,  and  Potsdam.  (660) 

There  is  a  local  board  of  each  normal  school,  consisting 
of  not  less  than  3  nor  more  than  13  persons.  The  members 
thereof  hold  their  offices  until  removed  by  the  concurrent 
action  of  the  chancellor  of  the  university  and  the  commis- 
sioner of  education.  Any  vacancy  is  filled  by  the  appoint- 
ment of  the  commissioner  of  education.  (661) 

These  boards  have  the  immediate  supervision  and  manage- 
ment of  said  schools,  subject  however  to  the  general  super- 
vision of  the  commissioner  of  education  and  to  his  direction 
in  all  things  pertaining  to  the  school.  (662) 

Each  board  establishes  rules  and  regulations  subject  to  the 
approval  of  the  commissioner  of  education.  (662) 

They  shall  also  transmit  through  him,  and  subject  to  his 
approval,  a  report  to  the  legislature  on  Jan.  1  in  each  year, 
showing  the  condition  of  the  school  under  their  charge  during 
the  year  next  preceding.  (662) 

They  have  the  custody,  of  the  grounds  and  buildings 'pro- 
vided or  used  for  the  purposes  of  such  schools,  respectively, 
and  other  property  of  the  state  pertaining  thereto,  with 
power  to  protect,  preserve  and  improve  the  same.  (663) 

Subject  to  the  approval  they  prescribe  the  course 
of  study.  (664)  The  commissioner  of  education 


402         Commissioner  of  Education  [Part  VII 

determines  what  number  of  teachers  shall  be  employed 
in  each  school,  and  their  wages;  their  employment  is 
subject  to  his  approval.  (664) 

He  may  order,  in  his  discretion,  that  one  or  more  of  said 
schools  shall  be  composed  exclusively  of  males  and  one  or 
more  of  females ;  he  decides  upon  the  number  of  pupils  to  be 
admitted  to  each  of  said  schools,  and  prescribes  the  time  and 
manner  of  their  selection.  (664) 

He  is  to  take  care  in  such  selection  to  provide  that  every 
part  of  the  state  shall  have  its  proportionate  representation 
in  such  school  as  near  as  may  be  according  to  population;  but 
if  any  school  commissioner  district  or  any  city,  shall  not,  for 
any  cause,  be  fully  represented  in  any  of  said  schools,  then  he 
may  cause  the  maximum  number  of  such  pupils  to  be  sup- 
plied from  any  part  of  the  state,  giving  preference,  however, 
to  those  living  in  the  county,  city  or  village  where  such  school 
is  situated.  (664) 

During  such  time  as  any  local  board  may  omit  to  discharge 
its  duties,  he  is  authorized  to  discharge  the  duties  of  such 
local  boards  or  any  of  their  officers;  and  the  acts  of  said  com- 
missioner of  education  in  the  premises  are  as  valid  and  bind- 
ing as  if  done  by  a  competent  local  board  or  its  officers,  or 
with  their  co-operation.  (665) 

He  prepares  suitable  diplomas  to  be  granted  to  the  stu- 
dents of  such  school,  who  shall  have  completed  one  or  more 
of  the  courses  of  study  and  discipline  prescribed,  and  a  di- 
ploma signed  by  him,  the  chairman  and  secretary  of  the  local 
board  and  the  principal  of  the  school,  is  of  itself  a  certificate 
of  qualification  to  teach  common  schools.  (666) 

All  applicants  for  admission  must  be  residents  of 
this  state,  or,  if  not,  they  may  be  admitted  only  upon 
the  payment  of  such  tuition  fees  as  shall  be,  from 
time  to  time,  prescribed  by  the  commissioner  of  edu- 
cation. Applicants  shall  present  such  evidences  of 
proficiency  or  be  subject  to  such  examination  at  the 


State]  Normal  Schools  403 

school  as  shall  be  prescribed  by  said  commissioner. 
(669) 

No  normal  school  may  receive  into  any  academic  depart- 
ment connected  therewith,  any  pupil  not  a  resident  of  the 
territory  for  the  benefit  or  advantage  of  whose  residents  the 
state  has  pledged  itself  to  maintain  such  academic  depart- 
ment. (667) 

When  admitted,  students,  unless  they  are  students  in  the 
academic  or  practice  department  or  are  nonresidents,  are 
entitled  to  all  the  privileges  of  the  school,  free  from  all  charges 
for  tuition  or  for  the  use  of  books  or  apparatus,  but  every 
pupil  must  pay  for  books  lost  by  him,  and  for  any  damage 
to  books  in  his  possession;  any  pupil  may  be  dismissed  from 
the  school  by  the  local  board  for  immoral  or  disorderly  con- 
duct, or  for  neglect  or  inability  to  perform  his  duties.  (667) 

For  the  purpose  of  protecting  and  preserving  such  build- 
ings, grounds  and  other  property,  and  preventing  injuries 
thereto,  and  preserving  order,  preventing  disturbances,  and 
preserving  the  peace  in  such  buildings  and  upon  such  grounds, 
the  local  board  of  managers  of  each  of  said  normal  schools 
shall  have  power,  by  resolution  or  otherwise,  to  appoint, 
from  time  to  time,  one  or  more  special  policemen.  (669) 

The  village  or  city  wherein  is  located  a  state  normal  and 
training  school,  may  insure  and  keep  insured,  as  a  village  or 
city  charge,  the  real  and  personal  property  of  such  school 
against  loss  or  damage  by  fire,  when  the  state  refuses  to  in- 
sure, or  keep  adequately  insured,  such  property.  The  insur- 
ance is  to  be  in  the  name  of  the  state,  and  in  case  of  loss,  any 
moneys  obtained  from  such  insurance  are  to  be  used  and  dis- 
posed of  the  same  as  if  the  state  had  effected  such  insurance. 
The  amount  of  insurance  to  be  carried  is  determined  by  the 
municipal  authorities  of  such  village  or  city.  (670) 

With  the  consent  of  the  commissioner  of  education,  the 
local  board  may  accept,  for  the  state,  the  gift,  grant,  devise 
or  bequest  of  money  or  other  property,  and  apply  the  same 
to  any  purpose,  not  inconsistent  with  the  general  purposes 
of  such  school,  which  shall  be  prescribed  in  the  instrument 


404        Commissioner  of  Education  [Part  VII 

by  which  such  gift,  grant,  devise  or  bequest  shall  be  made. 
(673) 

The  treasurer  pays  on  the  warrant  of  the  comptroller,  on 
bills  approved  by  the  commissioner  of  education,  from  the 
general  fund,  a  sum  not  exceeding  $1000  per  year,  for  the 
support  and  education  of  for  not  to  exceed  3  years  each  10 
Indian  youth  not  under  16  years  of  age  in  the  state  normal 
schools,  by  the  commissioner  of  education,  from  the  several 
Indian  tribes  located  within  this  state;  with  due  regard  to  a 
just  participation  by  each  of  the  said  several  tribes.  (674-5) 

The  local  board  of  each  normal  school  are  the  guardians  of 
such  Indian  youth,  during  the  period  of  their  connection 
with  the  school;  and  pay  their  necessary  expenses,  not  to 
exceed  $100  per  year  for  each  pupil.  (677) 

Such  Indian  pupils  enjoy  the  same  privileges,  of  every  kind, 
as  the  other  pupils  attending  said  schools,  including  the  pay- 
ment of  traveling  expenses,  not  exceeding  $10  to  each  pupil. 

The  state  normal  school  established  at  Albany  is 
now  known  as  the  state  normal  college. 

It  is  under  the  supervision,  management,  and  gov- 
ernment of  the  commissioner  of  education  and  the 
regents  of  the  university,  who  appoint  a  board  con- 
sitsing  of  5  persons  of  whom  the  said  commissioner 
is  one,  who  constitute  the  board  of  trustees  for  the 
care,  management  and  government  of  said  college. 
(679) 

6.  He  provides  for    the    education  'of  Indian  chil- 
dren.    (331) 

This  has  been  treated  in  detail. 

7.  He  has  general  supervision  of  industrial   and 
trade  schools.     (331) 

He  prescribes  regulations  governing  the  licensing  of  the 
teachers  employed  therein;  and  he  is  authorized,  empowered 
and  directed  to  provide  for  the  inspection  of  such  schools, 


State] 


Annual  Report 


405 


to  take  necessary  action  to  make  effectual  the  provisions  of 
said  article,  and  to  advise  and  assist  boards  of  education  in 
the  several  cities  and  school  districts  in  the  establishment, 
organization  and  management  of  such  schools.  (331,  820) 

8.  He  enforces  the  provisions  in  relation  to  the  school 
census.     (331,  1000) 

9.  He  may,  in  his  discretion,  appoint  persons  to 
visit  and  examine  all  or  any  of  the  common  schools  in 
the  county  where  such  persons  reside,  and  to  report  to 
him  all  such  matters  respecting  their  condition  and  man- 
agement, and  the  means  of  improving  them,  as  he  shall 
prescribe,     (233) 

No  allowance  or  compensation  is  made  to  such  vis- 
itors for  their  services  or  expenses.     (333) 

10.  So  often  as  he  can,  consistently  with  his  other 
duties,  he  shall  visit  such  of  the  common  schools  of  the 
state  as  he  shall  see  fit,  and  inquire  into  their  course  of 
instruction,    management   and  discipline,    and   advise 
and  encourage  the  pupils,  teachers  and  officers  thereof. 
(334) 

11.  He  must     submit  to  the  legislature  an  annual 
report  containing: 

1.  A  statement  of  the  condition  of  the  common  schools  of 
the  state,  and  of  all  other  schools  and  institutions  under  his 
supervision,  and  subject  to  his  visitation  as  commissioner. 

2.  Estimates  and  accounts  of  expenditures  of  the  school 
moneys,   and  a  statement  of  the  apportionment  of  school 
moneys  made  by  him. 

3.  All  such  matters  relating  to  his  office,  and  all  such  plans 
and  suggestions  for  the  improvement  of  the  schools  and  the 
advancement  of  public  instruction  in  the  state,  as  he  shall 
deem  expedient.     (335) 


406         Commissioner  of  Education  [Part  VII 

12.  Upon  cause  shown  to  his  satisfaction,  he  may 
annul  any  certificate  of  qualification  granted  to  a  teacher 
by  a  school  commissioner,  or  declare  any  diploma  is- 
sued by  a  state  normal  school  ineffective  and  null  as  a 
qualification  to  teach  a  common  school  within  this  state, 
and  he  may  reconsider    and  reverse  his  action  in  any 
such  matter.     (336) 

He  prepares  and  keeps  in  his  office  alphabetical  lists  of  all 
persons  who  have  received,  or  may  receive,  certificates  of 
qualification  from  himself,  or  diplomas  of  the  state  normal 
schools,  with  the  dates  thereof,  and  notes  thereon  all  annul- 
ments and  reversals  of  such  certificates  and  diplomas,  with 
the  dates  and  causes  thereof,  together  with  such  other  par- 
ticulars as  he  deems  expedient.  (337) 

13.  He  may  withhold  any  share  of  the  public  money 
of  the  state  from  any  district  for  wilfully  disobeying 
any  decision,  order  or  regulation.     (338) 

14.  He  prepares  suitable  registers,   blanks,  forms, 
and  regulations  for  making  all  reports  and  conducting 
all  necessary  business.     (339) 

He  causes  the  same,  with  such  information  and  instructions 
as  he  deems  conducive  to  the  proper  organization  and  gov- 
ernment of  the  common  schools  and  the  due  execution  of 
their  duties  by  school  officers,  to  be  transmitted  to  the  officers 
and  persons  intrusted  with  the  execution  of  the  same.  (339) 

15.  He  may  administer  oaths  and  take  affidavits 
concerning  any  matter  relating  to  the  schools.     (340) 

16.  He  is  charged  with  the  general  supervision  of 
every  union  free  school  district.     (341) 

17.  He  must  approve  the  plans  of  all  schoolhouses 
except  in  cities  of  the  1st  and  2d  classes,  and  of  repairs 
costing  more  than  $500. 


State]  Appeals  407 

18.  He  is  authorized  and  required  to  examine  and 
decide  appeals  brought  by  any  person  considering  him- 
self aggrieved.  (360) 

His  decision  therein  is  final  and  conclusive,  and  not 
subject  to  question  or  review  in  any  place  or  court 
whatever.  (360) 

In  Colorado  decisions  of  the  state  board  are  reviewable. 
(97  Pac  978) 

An  original  application  to  him  to  act  when  no  action  had 
been  taken  before,  as  to  remove  a  trustee,  was  not  an  appeal 
from  any  decision  of  an  officer  or  a  body,  and  was  review- 
able  by  the  courts.  (159  N  Y  162)  But  the  present  law 
makes  his  original  action  not  reviewable. 

In  reference  to  such  appeals,  he  has  power : 

1.  To  regulate  the  practice  therein.     (361) 

2.  To  determine  whether  an  appeal  shall  stay  proceedings, 
and  prescribe  conditions  upon  which  it  shall  or  shall  not  so 
operate.     (361) 

3.  To  decline  to  entertain  or  to  dismiss  an  appeal,  when  it 
shall  appear  that  the  appellant  has  no  interest  in  the  matter 
appealed  from,  and  that  the  matter  is  not  a  matter  of  public 
concern,  and  that  the  person  injuriously  affected  by  the  act 
or  decision  appealed  from  is  incompetent  to  appeal.     (361) 

4.  To  make  all  orders,  by  directing  the  levying  of  taxes 
or  otherwise,  which  may,  in  his  judgment,  be  proper  or  nec- 
essary to  give  effect  to  his  decision.     (361) 

He  is  to  file,  arrange  in  the  order  of  time,  and  keep  in  his 
office,  so  that  they  may  be  at  all  times  accessible,  all  the 
proceedings  on  every  appeal  to  him  under  this  article,  in- 
cluding his  decision  and  orders  founded  thereon;  and  copies 
of  all  such  papers  and  proceedings,  authenticated  by  him 
under  his  seal  of  office,  are  evidence  equally  with  the  or- 
iginals. (362) 


408         Commissioner  of  Education  [Part  VII 

Such  appeal  or  petition  may  be  made  in  conse- 
quence of  any  decision  made: 

1.  By  any  school  district  meeting.     (360) 

2.  By  any  school  commissioner  and  other  officers,  in  form- 
ing or  altering,  or  refusing  to  form  or  alter,  any  school  district, 
or  in  refusing  to  apportion  any  school  moneys  to  any  such 
district  or  part  of  a  district.     (360) 

3.  By  a  supervisor  in  refusing  to  pay  any  such  moneys  to 
any  such  district.     (360) 

4.  By  the  trustees  of  any  district  in  paying  or  refusing  to 
pay  any  teacher,  or  in  refusing  to  admit  any   scholar   gra- 
tuitously into  any  school.     (360) 

5.  By  any  trustees  of  any  school  library  concerning  such 
library,  or  the  books  therein,  or  the  use  of  such  books.     (360) 

6.  By  any  district  meeting  in  relation  to  the  library.  (360) 

7.  By  any  other  official  act  or  decision  concerning  any 
other  matter  or  any  other  act  pertaining  to  common  schools . 
(360) 


CHAPTER  XXXI 
Regents  of  the  University 

We  have  seen  that  the  commissioner  of  education 
is  selected  by  the  regents  of  the  university  of  the  state 
of  New  York,  the  final  authority  in  the  school  system 
of  the  state. 

The  university  of  the  state  of  New  York  was  cre- 
ated in  1784. 

Its  objects  are  to  encourage  and  promote  higher  and  sec- 
ondary education,  to  visit  and  inspect  its  several  institutions 
and  departments,  to  distribute  to  or  expend  or  administer 
for  them  such  property  and  funds  as  the  state  may  appro- 
priate therefor  or  as  the  university  may  own  or  hold  in  trust 
or  otherwise,  and  to  perform  such  other  duties  as  may  be 
intrusted  to  it.  (1080) 

It  also  has  power  to  establish  such  rules  and  reg- 
ulations as  are  necessary  to  carry  into  effect  the 
statutes  of  this  state  relating  to  education.  (1080) 

It  is  governed  and  all  its  corporate  powers  are  ex- 
ercised by  a  board  of  regents  whose  members  are  3 
more  than  the  existing  judicial  districts  of  the  state. 
(1081) 

The  term  of  one  regent  expires  each  year  on  the 
April  1,  and  his  successor  is  elected  by  the  legislature 
in  the  2d  week  of  February  in  each  year,  in  the  man- 
ner provided  by  law  for  the  election  of  senators  in 
congress.  All  vacancies,  either  for  full  or  unexpired 
terms  must  be  so  filled  that  there  shall  always  be  in 
the  membership  of  the  board  of  regents  at  least  one 
resident  of  each  of  the  judicial  districts.  (1081) 

(409) 


410  Regents  of  the  University   [Part  VII 

A  vacancy  in  the  office  of  regent  for  other  cause  than  ex- 
piration of  term  of  service  is  filled  for  the  unexpired  term  by 
an  election  at  the  session  of  the  legislature  immediately  fol- 
lowing such  vacancy,  unless  the  legislature  is  in  session  when 
such  vacancy  occurs,  in  which  case  the  vacancy  is  filled  by 
such  legislature.  (1081) 

There  are  no  ex-officio  members  of  the  board  of  regents. 
No  person  may  be  at  the  same  time  a  regent  of  the  university 
and  a  trustee,  president,  principal  or  any  other  officer  of  an 
institution  belonging  to  the  university.  (1081) 

The  elective  officers  of  the  university  are  a  chancellor 
and  a  vice-chancellor  who  serve  without  salary,  and  such 
other  officers  as  are  deemed  necessary  by  the  regents,  all  of 
whom  are  chosen  by  ballot  by  the  regents  and  hold  office 
during  their  pleasure;  but  no  election,  removal  or  change  of 
salary  of  an  elective  officer  may  be  made  by  less  than  6  votes 
in  favor  thereof .  (1082) 

Each  regent  and  each  elective  officer  must,  before  entering 
on  his  duties,  take  and  file  with  the  secretary  of  state  the 
oath  of  office  required  of  state  officers.  ( 1082) 

The  chancellor  presides  at  all  convocations  and  at  all  meet- 
ings of  the  regents,  confers  all  degrees  which  they  authorize, 
and  fixes  the  time  and  place  of  all  special  meetings.  In  his 
absence  or  inability  to  act,  the  vice-chancellor,  or  if  he  be 
also  absent,  the  senior  regent  present,  performs  all  the  duties 
and  has  all  the  powers  of  the  chancellor.  (1082) 

In  addition  to  the  annual  meetings,  for  which  the  time  and 
place  are  fixed  by  ordinance  of  the  regents,  the  chancellor 
calls  a  meeting  as  often  as  the  business  of  the  university  re- 
quires, or  on  written  request  of  any  5  regents ;  and  at  least  10 
days'  notice  of  every  meeting  must  be  mailed  to  the  usual 
address  of  each  regent.  If  any  regent  shall  fail  to  attend  3 
consecutive  meetings,  without  written  excuse  accepted  as 
satisfactory  by  the  regents  not  later  than  the  3d  consecutive 
meeting  from  which  he  has  been  absent,  he  is  deemed  to  have 
resigned  and  the  regents  must  promptly  report  the  vacancy 
to  the  legislature,  which  fills  it  as  provided  above.  (1083) 


State]  Degrees  411 

Six  regents  attending  are  a  quorum  for  the  transaction  of 
business.  (1084) 

The  regents,  or  any  committee  thereof,  may  take  testimony 
or  hear  proofs  relating  to  their  official  duties,  or  in  any  mat- 
ter which  they  may  lawfully  investigate.  (1085) 

The  regents  may,  as  they  deem  advisable  in  con- 
formity to  law,  make,  alter,  suspend  or  repeal  any 
by-laws,  ordinances,  rules  and  resolutions  for  the  ac- 
complishment of  the  trusts  reposed  in  them.  (1086) 

No  such  by-law,  ordinance  or  rule  may  modify  in  any  de- 
gree the  freedom  of  the  governing  body  of  any  seminary  for 
the  training  of  priests  or  clergymen  to  determine  and  reg- 
ulate the  entire  course  of  religious,  doctrinal  or  theological 
instruction  to  be  given  in  such  institution.  (1086) 

No  by-law,  ordinance  or  rule  by  which  more  than  a  major- 
ity vote  is  required  for  any  specified  action  by  the  regents 
may  be  amended,  suspended  or  repealed  by  a  smaller  vote 
than  that  required  for  action  thereunder.  (1086) 

The  regents  may  confer  by  diploma  under  their  seal 
such  honorary  degrees  as  they  may  deem  proper,  and 
may  establish  examinations  as  to  attainments  in 
learning,  and  may  award  and  confer  suitable  certifi- 
cates, diplomas  and  degrees  on  persons  who  satis- 
factorily meet  the  requirements  prescribed.  (1087) 

The  right  to  confer  a  degree  is  a  franchise.  In  the  United 
States  no  institution  has  the  right  to  confer  degrees  unless 
the  power  to  do  so  has  been  granted  by  the  legislature.  (5 
Wend  211;  3  Wharton  445;  62  Vt  373) 

The  regents  may  co-operate  with  other  agencies 
in  bringing  within  the  reach  of  the  people  at  large 
increased  educational  opportunities  and  facilities,  by 
stimuating  interest,  recommending  methods,  desig- 
nating suitable  teachers  and  lecturers,  lending  neces- 
sary books  and  apparatus,  conducting  examinations 


412  Regents  of  the  University   [Part  VII 

and  granting  credentials  and  otherwise  aiding  such 
work.  (1090) 

No  money  appropriated  by  the  state  for  this  work  may  be 
expended  in  paying  for  services  or  expenses  of  teachers  or 
lecturers.  (1090) 

The  state  library  and  state  museum  are  depart- 
ments of  the  university  and  the  regents  may  establish 
such  other  departments  as  they  deem  necessary  to 
discharge  the  duties  imposed  on  them  by  law.  (1091) 

All  university  departments  shall  be  under  the  exclusive 
control  of  the  regents,  who  shall  have  all  powers  of  trustees 
thereof,  including  authority  to  appoint  all  needed  officers 
and  employees;  to  fix  their  titles,  duties,  salaries  and  terms 
of  service ;  to  make  all  needed  regulations ;  and  to  buy,  sell, 
exchange  or  receive  by  will,  gift  or  on  deposit,  articles  or 
collections  properly  pertaining  thereto;  to  maintain  lectures 
connected  with  higher  education  in  this  state,  and  to  lend 
to  or  deposit  permanently  with  other  institutions,  books, 
specimens  or  other  articles  in  their  custody,  which,  because 
of  being  duplicates,  or  for  other  reasons,  will  in  the  judgment 
of  the  regents,  be  more  useful  in  said  institutions  than  if 
retained  in  the  original  collections  at  Albany.  (1091) 

All  scientific  specimens  and  collections,  works  of 
art,  objects  of  historic  interest  and  similar  property 
appropriate  to  a  general  musieum,  if  owned  by  the 
state  and  not  placed  in  other  custody  by  a  specific 
law,  shall  constitute  the  state  museum.  (1092) 

One  of  its  officers  must  annually  inspect  all  such  property 
not  kept  in  the  state  museum  rooms,  and  the  annual  report 
of  the  museum  to  the  legislature  must  include  summaries  of 
such  property,  with  its  location,  and  any  needed  recommen- 
dations as  to  its  safety  or  usefulness.  The  state  museum  in- 
cludes the  work  of  the  state  geologist  and  paleontologist,  the 
state  botanist,  and  the  state  entomologist,  who,  with  their 
assistants,  are  included  in  the  scientific  staff  of  the  state 
museum.  (1092) 


State]  State  Museum  413 

Any  scientific  collection  made  by  a  member  of  jthe  museum 
staff  during  his  term  of  office  shall,  unless  otherwise  author- 
ized by  resolution  of  the  regents,  belong  to  the  state  and  form 
part  of  the  state  museum.  (1093) 

There  is  to  be  made,  as  the  Indian  section  of  the 
state  museum,  as  complete  a  collection  as  practicable 
of  the  historical,  ethnographic  and  other  records  and 
relics  of  the  Indians  of  the  state  of  New  York.  (1094) 

This  will  include  imprements  or  other  articles  pertaining 
to  their  domestic  life,  agriculture,  the  chase,  war,  religion, 
burial  and  other  rites  or  customs,  or  otherwise  connected 
with  the  Indians  of  New  York.  The  trustees  of  the  state 
museum  shall  appoint  on  its  staff  a  competent  curator,  with- 
out salary,  to  make  and  arrange  this  Indian  collection. 
(1094) 

The  university  of  the  state  of  New  York,  which  was 
duly  elected  to  the  office  of  wampum-keeper  by  the 
Onondaga  nation  Feb.  26,  1898,  and  is  recognized  in 
all  courts  and  places,  as  having  every  power  which 
has  ever,  at  any  time,  been  exercised  by  any  wam- 
pum-keeper of  the  Onondaga  nation,  or  of  any  of 
the  Ho-de-no-sau-nee,  otherwise  known  as  the  Five 
Nations, or  the  Six  Nations,  or  the  Iroquois.  (31 :1909) 

The  wampums  are  kept  in  a  fireproof  building,  as  public 
records,  forever,  and  the  regents  are  authorized  to  secure 
by  purchase,  suit,  or  otherwise,  any  wampums  which  have 
ever  been  in  the  possession  of  any  of  the  Ho-de-no-sau-nee, 
or  any  preceding  wampum-keeper,  and  which  are  now  owned 
by  any  of  them  or  to  which  any  of  them  is  entitled,  or  to  which 
it  is  entitled,  in  law  or  in  equity;  and  to  maintain  and  carry 
on  suit  to  recover  any  of  such  wampums  in  its  own  name 
or  in  the  name  of  the  Onondaga  nation  at  any  time  notwith- 
standing that  the  cause  of  action  may  have  accrued  more 
than  6  years,  or  any  time,  before  the  commencement  of  any 
such  suit.  (31:  1909) 


414  Regents  of  the  University   [Part  VII 

A  certificate  may  be  issued  by  the  forest,  fish  and 
game  commission,  to  any  person  upwards  of  18  years 
of  age,  permitting  the  holder  to  collect  birds,  birds' 
nests  or  eggs  for  scientific  purposes.  (24:  1909) 

Before  such  certificate  is  issued,  the  applicant  must  file 
written  testimonials  from  2  well  known  scientific  ornithol- 
ogists certifying  to  his  good  character  and  fitness  to  be  in- 
trusted with  the  privilege.  Every  applicant  except  an  of- 
ficer of  the  New  York  State  Museum,  must  pay  $1  for  the 
expense  of  issuing  the  certificate,  and  must  file  a  bond  in  the 
penal  sum  of  $200  with  2  responsible  sureties  to  be  approved 
by  the  commission,  conditioned  that  he  will  not  violate  the 
provisions  of  this  chapter  or  avail  himself  of  the  privilege 
of  said  certificate  for  other  than  scientific  purposes.  Per- 
sons receiving  such  certificate  must  report  the  result  of  col- 
lections made  thereunder  annually  to  the  commissioner,  at 
the  expiration  of  the  license.  Such  certificate  is  in  force  for 
one  year  only  from  the  date  of  issue  and  is  not  transferable. 
(24:1909) 

The  trustees  of  any  museum  may,  so  far  as  consist- 
ent with  free  use  by  the  public  at  reasonable  or  spec- 
ified hours,  close  any  of  its  museum  collections  at 
certain  other  hours-,  for  study,  to  meet  the  demands  of 
special  students  or  for  exhibition  purposes,  and  may 
charge  an  admission  fee  at  such  hours,  provided  that 
all  receipts  from  such  fees  shall  be  paid  into  the  treas- 
ury and  be  used  for  the  maintenance  or  enlargement 
of  the  institution.  (1031) 

All  books,  pamphlets,  manuscripts,  records,  ar- 
chives and  maps,  and  all  other  property  appropriate 
to  a  general  library,  if  owned  by  the  state  and  not 
placed  in  other  custody  by  law,  are  in  charge  of  the 
regents  and  constitute  the  state  library.  (1020) 


State]        State  Library         415 

The  state  medical  library  is  a  part  of  the  New  York 
state  library  under  the  same  government  and  regu- 
lations and  is  open  for  consultation  to  every  citizen 
of  the  state  at  all  hours  when  the  state  library  is 
open.  (1021) 

It  is  available  for  borrowing  books  to  every  accredited 
physician  residing  in  the  state  of  New  York,  who  conforms 
to  the  rules  made  by  the  regents  for  insuring  proper  protec- 
tion and  the  largest  usefulness  to  the  people  of  the  said  med- 
cal  library.  »  ;  .1) 

Manusciipt  or  printed  papers  of  the  legislature, 
usually  termed  "on  file",  and  which  shall  have  been 
on  file  more  than  5  years  in  custody  of  the  senate  and 
assembly  clerks,  and  all  public  records  of  the  state  not 
placed  in  other  custody  by  a  specific  law  are  part  of 
the  state  library  and  must  be  kept  in  rooms  assigned 
and  suitably  arranged  for  that  purpose  by  the  trus- 
tees of  public  buildings.  (1022) 

The  regents  cause  such  papers  and  records  to  be  so  classi- 
fied and  arranged  that  they  can  be  easily  found.  No  paper 
or  record  may  be  removed  from  such  files  except  on  a  reso- 
lution of  the  senate  and  assembly  withdrawing  them  for  a 
temporary  purpose  and  in  case  of  such  removal  a  description 
of  the  paper  or  record  and  the  name  of  the  person  removing 
the  same  must  be  entered  in  a  book  provided  for  that  purpose 
with  the  date  af  its  delivery  and  return.  (1022) 

The  state  library  must, be  kept  open  not  less  than 
8  hours  every  week  day  in  the  year  except  the  legal 
holidays  known  as  Independence  day,  Thanksgiving 
day  and  Christmas  day.  (1023) 

Members  of  the  legislature,  judges  of  the  court  of  appeals, 
justices  of  the  supreme  court,  and  heads  of  state  depart- 
ments may  borrow  from  the  library  books  for  use  in  Albany, 
but  be  subject  to  such  restrictions  and  penalties  as  may  be 


416  Regents  of  the  University   [Part  VII 

prescribed  by  the  regents  for  the  safety  or  greater  usefulness 
of  the  library.  Others  are  entitled  to  use  or  borrow  books 
from  the  library  only  on  such  conditions  as  the  regents  shall 
prescribe.  (1023) 

The  regents  have  charge  of  the  preparation,  pub- 
lication and  distribution,  whether  by  sale,  exchange  or 
gift,  of  the  colonial  history,  natural  history  and  all 
other  state  publications  not  otherwise  assigned  by 
law.  (1024) 

To  guard  against  waste  or  destruction  of  state  publications, 
and  to  provide  for  the  completion  of  sets  to  be  permanently 
preserved  in  American  and  foreign  libraries,  the  regents 
maintain  a  duplicate  department  to  which  each  state  depart- 
ment, bureau,  board  or  commission  must  send  not  less  than 
5  copies  of  each  of  its  publications  when  issued,  and  after 
completing  its  distribution,  any  remaining  copies  which  it 
no  longer  requires.  The  above,  with  any  other  publications 
not  needed  in  the  state  library,  constitute  the  duplicate  de- 
partment, and  rules  for  sale,  exchange  or  distribution  from 
it  are  fixed  by  the  regents,  who  use  all  receipts  from  such  ex- 
changes or  sales  for  expenses  and  for  increasing  the  state 
library.  (1024) 

The  librarian  of  any  library  owned  by  the  state, 
or  the  officer  in  charge  of  any  state  department, 
bureau,  board,  commission  or  other  office  may,  with 
the  approval  of  the  regents,  transfer  to  the  perman- 
ent custody  of  the  state  library  or  museum  any  books, 
papers,  maps,  manuscripts,  specimens  or  other  arti- 
cles which,  because  of  being  duplicates  or  for  other 
reasons,  will  in  his  judgment  be  more  useful  to  the 
state  in  the  state  library  or  museum  than  if  retained 
in  his  keeping.  (1025) 

The  report  of  the  state  library  to  the  legislature 


State]  State  Library  417 

includes  a  statement  of  the  total  number  of  volumes 
or  pamphlets,  the  number  added  during  the  year, 
with  a  summary  of  operations  and  conditions,  and 
any  needed  recommendation  for  safety  or  usefulness 
for  each  of  the  other  libraries  owned  by  the  state,  the 
custodian  of  which  shall  furnish  such  information  or 
facilities  for  inspection  as  the  regents  may  require 
for  making  this  report.  (1026) 

Each  of  these  libraries  is  under  the  sole  control  now  pro- 
vided by  law,  but  for  the  annual  report  of  the  total  number 
of  books  owned  by  or  bought  each  year  by  the  state,  it  is 
considered  a  branch  of  the  state  library  and  is  entitled  to  any 
facilities  for  exchange  of  duplicates,  inter-library  loans  or 
other  privileges  properly  accorded  to  a  branch.  (1026) 

The  consultation  library  of  the  court  of  appeals  is 
under  the  exclusive  supervision  of  that  court  and  the 
chief  judge  may  add  thereto  from  any  funds  avail- 
able. (1052) 

The  library  of  the  court  of  appeals,  located  at  the 
city  of  Syracuse,  is  continued.  The  regents  of  the 
university  shall  appoint  a  suitable  person  to  be  li- 
brarian of  the  library  of  the  court  of  appeals  at  Syra- 
cuse, who  shall  receive  an  annual  salary  of  $3000. 
(1052) 

Libraries  may  be  furnished  to  any  state  hospital 
by  the  regents,  subject  to  regulations  adopted  by 
them  and  the  commission  (in  lunacy),  the  expense 
of  which  shall  be  included  in  the  monthly  estimates 
of  the  hospital.  (32:  1909) 

Any  municipal  corporation  may  establish  and  main- 
tain a  free  public  library  or  museum  (29:1909).  See 
pages  27-33. 


418  Regents  of  the  University    [Part  VII 

The  institutions  of  the  university  include  all  in- 
stitutions of  higher  education  which  are  now  or  may 
hereafter  be  incorporated  in  this  state,  and  such  other 
libraries,  museums  or  other  institutions  for  higher 
education  as  may,  in  conformity  with  the  ordinances 
of  the  regents,  after  official  inspection,  be  admitted 
to  or  incorporated  by  the  university.  (1095) 

The  regents  may  exclude  from  such  membership  any  insti- 
tution failing  to  comply  with  law  or  with  any  ordinance  or 
rule  of  the  university.  ( 1095) 

The  regents  or  their  committees  or  officers  are  to 
visit,  examine  into  and  inspect  the  condition  and 
operations  of  every  institution  and  department  in 
the  university,  and  require  of  each  an  annual  report 
verified  by  oath  of  its  presiding  officer.  (1096) 

This  must  give  information  concerning  trustees,  faculty, 
students,  instruction,  equipment,  methods  and  operations, 
with  such  other  information  and  in  such  form  as  may  be 
prescribed  by  the  regents  who  annually  report  to  the  legis- 
lature the  condition  of  the  university  and  of  each  of  its  in- 
stitutions and  departments,  with  any  further  information 
or  recommendations  which  they  deem  it  desirable  to  submit ; 
and  such  parts  of  their  report  as  they  deem  necessary  for  use 
in  advance  of  the  annual  volume,  are  printed  by  the  state 
printer  as  bulletins.  (1096) 

For  refusal  or  continued  neglect  on  the  part  of  any  insti- 
tution in  the  university  to  make  the  report  required  by  this 
section,  or  for  violation  of  any  law,  the  regents  may  suspend 
the  charter  or  any  of  the  rights  and  privileges  of  such  insti- 
tution. (1096) 

The  regents  have  the  power  of  incorporation.  The 
constitution  reads: 

Corporations  may  be  formed  under  general  laws; 
but  shall  not  be  created  by  special  act,  except  for  mu~ 


State]  Incorporation  419 

nicipal  purposes,  and  in  cases  where,  in  the  judgment 
of  the  legislature,  the  objects  of  the  corporation  can  not 
be  attained  under  general  laws.  All  general  laws  and 
special  acts  passed  pursuant  to  this  section  may  be 
altered  from  time  to  time  or  repealed. 

Three  or  more  persons  may  become  a  stock  cor- 
poration for  any  lawful  business  purpose  or  purposes 
other  than  a  moneyed  corporation,  or  a  corporation 
provided  for  by  the  banking,  the  insurance,  the  rail- 
road and  the  transportation  corporation  laws,  or  an 
educational  institution  or  corporation  which  may  be 
incorporated  as  provided  in  the  education  law,  by 
making,  signing,  acknowledging  and  filing  a  certif- 
icate in  required  form.  (12:  1909) 

A  membership  corporation  may  be  created  under 
this  article  for  any  lawful  purpose,  except  a  purpose 
for  which  a  corporation  may  be  created  under  any 
other  article  of  this  chapter,  or  any  other  general 
law  than  this  chapter.  (40:1909) 

The  statutory  revision  commission  called  special 
attention  before  the  enactment  of  this  law  to  the  fact 
that  it  would  not  allow  incorporation,  except  by  the 
regents,  of  any  library,  museum,  or  other  institution 
or  association  for  the  promotion  of  science,  literature, 
art,  history,  or  other  department  of  knowledge.  All 
such  corporations  must  hereafter  be  created  only 
under  the  following  section  of  the  education  law  and 
by  act  of  the  regents.  (1087,  1099) 

The  regents  may,  by  an  instrument  under  their 
seal  and  recorded  in  their  office,  incorporate  any  uni- 
versity, college,  academy,  library,  museum,  or  other 


420  Regents  of  the  University    [Part  VII 

institution  or  association  for  the  promotion  of  science, 
literature,  art,  history,  or  other  department  of  knowl- 
edge, under  such  name,  with  such  number  of  trus- 
tees or  other  managers,  and  with  such  powers,  priv- 
ileges and  duties,  and  subject  to  such  limitations  and 
restrictions  in  all  respects  as  the  regents  may  pre- 
scribe in  conformity  to  law.  (1097) 

On  evidence  satisfactory  to  the  regents  that  the  conditions 
for  an  absolute  charter  will  be  met  within  a  prescribed  time, 
they  may  grant  a  provisional  charter  which  shall  be  replaced 
by  an  absolute  charter  when  the  conditions  have  been  fully 
met;  otherwise,  after  the  specified  time,  on  notice  from  the 
regents  to  this  effect,  the  provisional  charter  shall  terminate 
and  become  void  and  shall  be  surrendered  to  the  regents.  No 
such  provisional  charter  shall  give  power  to  confer  degrees. 
(1098) 

No  institution  may  be  given  power  to  confer  de- 
grees in  this  state  unless  it  shall  have  resources  of  at 
least  $500,000;  and  no  institution  for  higher  educa- 
tion may  be  incorporated  without  suitable  provision, 
approved  by  the  regents,  for  buildings,  furniture, 
educational  equipment,  and  proper  maintenance. 
(1099) 

No  institution  may  institute  or  have  any  faculty  or  de- 
partment of  higher  education  in  any  place  or  be  given  power 
to  confer  any  degree  not  specifically  authorized  by  its  char- 
ter; and  no  institution  of  higher  education  may  be  incor- 
porated under  the  provisions  of  any  general  act  authorizing 
the  formation  of  a  corporation  without  grant  of  a  special 
charter  on  individual  application,  and  no  corporation  may, 
under  authority  of  any  general  act,  extend  its  business  to  in- 
clude establishing  or  carrying  on  any  such  institution.  ( 1099) 

The  regents  may,  at  any  time,  for  sufficient  cause 
by  an  instrument  under  their  seal  and  recorded  in 


State]        Dissolution  of  Corporations         421 

their  office,  change  the  name,  or  alter,  suspend  or  re- 
voke the  charter  or  incorporation  of  any  institution 
which  they  might  incorporate,  if  subject  to  their  vis- 
itation or  chartered  or  incorporated  by  the  regents  or 
under  a  general  law.  (1100) 

But  unless  on  unanimous  request  of  the  trustees  of  the 
institution,  no  name  may  be  changed  and  no  charter  be  al- 
tered, nor  any  rights  or  privileges  thereunder  be  suspended 
or  repealed  by  the  regents,  till  they  have  mailed  to  the  usual 
address  of  every  trustee  of  the  institution  concerned  at  least 
30  days'  notice  of  a  hearing  when  any  objections  to  the  pro- 
posed change  will  be  considered,  and  till  ordered  by  vote  at 
a  meeting  of  the  regents  for  which  the  notices  have  specified 
that  action  is  to  be  taken  on  the  proposed  change.  (1100) 

Under  like  restrictions  the  regents  may  dissolve 
any  such  educational  corporation,  whether  with  or 
without  a  capital  stock,  and  whether  incorporated  by 
the  regents  or  under  a  general  or  by  a  special  law, 
and  make  such  disposition  of  the  property  of  such 
corporation  remaining  after  payment  of  its  debts  and 
liabilities  as  the  regents  shall  deem  just  and  equit- 
able and  best  promoting  public  interests.  (1101) 

The  regents  may  also,  after  a  similar  hearing,  issue  to  any 
such  educational  corporation  a  new  charter  which  shall  take 
the  place  in  all  respects  of  that  under  which  it  has  been  oper- 
ating. In  the  case  of  any  corporation  whose  dissolution  is 
contemplated  or  has  been  decreed  by  the  regents,  upon  their 
application  and  nomination  the  court  shall,  and  upon  the  ap- 
plication of  the  trustees  of  such  corporation,  with  notice  to 
the  regents,  the  court,  in  its  discretion,  may  appoint  a  re- 
ceiver of  the  property  and  liquidate  the  business  affairs  of  the 
.  corporation  under  the  provisions,  so  far  as  applicable,  of 
articles  5,  6,  7  and  12  of  the  general  corporations  law;  and  all 
property  of  the  corporation,  or  proceeds  thereof,  that  shall 
remain  after  the  payment,  under  such  liquidation,  of  its 


422  Regents  of  theUniversity    [Part  VII 

debts  and  liabilities,  must  be  paid  and  transferred  to  the 
regents  and  be  subject  to  their  disposition  the  same  as  if  they 
had  directly  conducted  such  liquidation.  (1101;  28:1909) 

The  trustees  of  any  academy  incorporated  under 
the  laws  of  this  state  and  having  a  capital  stock,  may, 
and  upon  the  written  application  of  any  person  own- 
ing or  lawfully  holding  one-third  of  the  said  capital 
stock,  must  call  a  general  meeting  of  the  stock- 
holders of  the  said  academy,  for  the  purpose  of  de- 
termining whether  or  not  such  incorporated  academy 
shall  surrender  its  charter  and  be  dissolved  and  its 
property  distributed  among  the  stockholders  there- 
of. (1102) 

The  notice  for  such  general  meeting  must  state  the  object 
thereof,  and  be  subscribed  by  the  chairman  or  other  acting 
presiding  officer  and  the  secretary  or  acting  secretary  of  the 
said  corporation  or  board  of  trustees;  it  must  be  published 
once  a  week  for  3  successive  weeks  prior  to  such  meeting  in 
a  daily  or  weekly  newspaper  published  in  the  place  where 
the  said  academy  is  located ;  or  if  there  be  no  such  paper,  then 
in  a  daily  or  weekly  paper  published  within  the  county,  if 
there  be  one,  or,  if  not,  in  an  adjoining  county  so  that  in 
which  such  academy  is  located.  (1102) 

Whenever,  at  a  meeting  of  the  stockholders  thus  called, 
any  person  or  persons  holding  or  qualified  to  vote  upon  a 
majority  of  the  capital  stock  of  such  incorporated  academy 
shall  vote  to  surrender  the  charter  thereof  and  to  dissolve  the 
corporation,  the  trustees  of  such  academy,  or  a  majority  of 
them,  must  make  and  sign  a  certificate  of  such  action,  cause 
the  same  to  be  properly  attested  by  the  officers  of  the  cor- 
poration and  file  the  same,  together  with  a  copy  of  the  pub- 
lished notice  for  the  meeting  at  which  such  action  was  taken, 
and  due  proof  of  the  publication  thereof,  in  the  office  of  the 
board  of  regents  of  the  university  of  the  state  of  New  York, 
and  thereupon,  if  the  said  proceedings  have  been  regularly 


State]  Charters  Surrendered  423 

conducted  as  above  prescribed,  the  charter  of  said  corpor- 
ation is  deemed  to  be  surrendered  and  the  said  corporation 
dissolved.  (1102) 

Upon  the  dissolution  of  such  incorporated  academy,  as 
herein  provided,  the  trustees  thereof  forthwith  become 
trustees  of  the  creditors  and  stockholders  of  the  corporation 
dissolved.  They  have  full  power  to  settle  the  affairs  of  the 
said  corporation;  to  collect  and  pay  the  outstanding  debts; 
to  sue  for  and  recover  debts  and  property  thereof  by  the 
name  of  the  trustees  of  such  corporation;  to  sell  and  dispose 
of  the  property  thereof,  at  public  or  private  sale,  and  to  divide 
among  the  stockholders  the  moneys  or  other  property  that 
shall  remain  after  the  payment  of  debts  and  necessary  ex- 
penses. (1102) 

The  said  trustees  may,  after  the  dissolution  of  the  said 
corporation,  insert  in  a  newspaper  published  in  the  place  where 
the  said  academy  is  located,  or  if  there  be  none  such  then  in 
a  newspaper  published  within  the  county,  if  there  be  one,  or, 
if  not,  in  an  adjoining  county,  a  notice  once  in  each  week 
for  3  successive  months,  requiring  all  persons  having  claims 
against  the  said  corporation  dissolved  to  present  the  same 
with  proof  thereof  to  the  said  trustees,  at  the  place  designated 
in  such  notice,  on  or  before  a  day  therein  named  which  shall 
be  not  less  than  3  months  from  the  first  publication  thereof. 
In  case  any  action  shall  be  brought  upon  any  such  claim 
which  shall  not  have  been  presented  to  the  said  trustees 
within  3  months  from  the  first  publication  of  such  notice,  the 
said  trustees  are  not  chargeable  for  any  assets,  moneys  or 
proceeds  of  the  said  corporation  dissolved,  which  they  may 
have  paid  in  satisfaction  of  other  claims  against  the  said  cor- 
poration, or  in  making  distribution  of  the  stockholders 
thereof,  before  the  commencement  of  such  action.  (1102) 

Upon  the  distribution  by  the  said  trustees  of  assets  or  prop- 
erty, or  the  proceeds  thereof,  of  the  dissolved  corporation 
among  its  stockholders  the  said  trustees  may  require  the  cer- 
tificates of  ownership  of  capital  stock,  if  such  have  been 
issued,  standing  in  the  name  of  any  stockholder  claiming  a 
distributive  share,  or  under  whom  such  share  is  claimed,  to 


424  Regents  of  the  Univeristy    [Part  VII 

be  surrendered  for  cancellation  by  such  stockholder  or  person 
claiming  the  said  share;  in  the  event  of  the  non-production 
of  any  such  certificate,  the  said  trustees  may  require  satis- 
factory proof  of  the  loss  thereof,  or  of  any  other  cause  for 
such  non-production,  together  with  such  security  as  they  may 
prescribe,  before  payment  of  the  distributive  share  to  which 
the  person  claiming  upon  such  share  of  stock  may  appear  to 
be  entitled.  (1102) 

In  case  the  said  trustees  upon  such  distribution  by  them  of 
assets  or  property,  or  the  proceeds  thereof,  of  the  dissolved 
corporation  among  its  stockholders,  are  unable  to  find  any 
of  the  said  stockholders  or  the  persons  lawfully  owning  or 
entitled  to  any  portion  of  the  said  capital  stock,  they  must 
give  notice  in  the  manner  hereinbefore  provided  for  calling 
the  general  meeting  of  stockholders,  of  such  distribution,  to 
the  persons  in  whose  names  such  stock  shall  stand  upon  the 
books  of  the  said  corporation,  requiring  them  to  appear  at 
a  time  and  place  designated,  to  receive  the  portion  of  such 
assets  or  property  to  which  they  may  be  entitled;  in  case  of 
the  failure  of  any  such  persons  to  so  appear,  it  is  lawful  for 
the  said  trustees  to  pay  over  and  deliver  to  the  county  treas- 
urer of  the  county  wherein  such  academy  was  located,  or 
to  any  trust  company  or  other  corporation  located  within 
such  county  and  authorized  to  receive  moneys  on  deposit 
under  order  or  judgment  of  a  court  of  record,  the  proportion 
of  the  assets,  property  or  proceedings  aforesaid  which  such 
non-appearing  stock  bears  to  the  whole  stock;  the  said  trus- 
tees must  also  deliver  therewith  a  list  of  the  persons  entitled 
to  receive  the  same,  together  with  the  separate  amounts  to 
which  they  shall  be  severally  entitled.  ( 1 102) 

Upon  the  payment  and  discharge  of  the  debts  and  obli- 
gations of  the  corporation  dissolved,  as  hereinbefore  pro- 
vided, and  the  distribution  of  its  assets,  property  and  pro- 
ceeds among  the  stockholders  thereof,  and  due  provision 
made,  as  hereinabove  prescribed,  for  the  interests  of  non- 
appearing  stockholders  and  such  as  can  not  be  found,  the  said 
trustees  become  relieved  and  discharged  from  further  duty, 


State]          Colleges  and  Universities  425 

liability  and  responsibility  by  reason  of  their  relation  to  the 
said  corporation,  or  towards  the  stockholders  thereof.  ( 1 102) 
Any  county  treasurer,  trust  company  or  other  corporation 
to  whom  assets,  property  or  proceeds  are  delivered  as  herein- 
provided,  must  hold  the  same  in  trust  for  the  persons  des- 
ignated and  entitled  to  receive  it;  and  upon  receiving  satis- 
factory proof  of  the  right  and  title  thereto,  or  upon  the  order 
of  any  court  of  record  competent  to  adjudicate  thereupon, 
shall  pay  over  and  deliver  to  any  persons  entitled  to  receive 
the  same  the  portion  of  such  proceeds,  property  or  assets  to 
which  they  shall  be  entitled.  (1102) 

If  any  institution  in  the  university  shall  discon- 
tinue its  educational  operations  without  cause  sat- 
isfactory to  the  regents,  it  shall  surrender  its  charter 
to  them,  subject,  however,  to  restoration  whenever 
arrangements  satisfactory  to  the  regents  are  made 
for  resuming  its  work.  (1103) 

No  individual,  association  or  corporation  not  hold- 
ing university  or  college  degree-conferring  powers 
by  special  charter  from  the  legislature  of  this  state  or 
from  the  regents,  shall  confer  any  degrees,  or  transact 
business  under  or  in  any  way  assume  the  name  uni- 
versity or  college,  till  it  shall  have  received  from  the 
regents,  under  their  seal,  written  permission  to  use 
such  name,  and  no  such  permission  shall  be  granted 
by  the  regents,  except  on  favorable  report  after  per- 
sonal inspection  of  the  institution  by  an  officer  of  the 
university.  (1104) 

No  person  may  buy,  sell  or  fraudulently  or  illegally 
make  or  alter,  give,  issue  or  obtain  any  diploma, 
certificate  or  other  instrument  purporting  to  confer 
any  literary,  scientific,  professional  or  other  degree 
or  to  constitute  any  license,  or  to  certify  to  the  com- 


426  Regents  of  the  University    [Part  VII 

pletion  in  whole  or  in  part  of  any  course  of  study  in 
any  university,  college,  academy  or  other  educational 
institution.  (1104) 

No  diploma  or  degree  may  be  conferred  in  this 
state  except  by  a  regularly  organized  institution  of 
learning  registered  by  the  regents  as  not  violating  any 
requirement  of  law  or  of  the  university  ordinances, 
nor  shall  any  person  with  intent  to  deceive,  falsely 
represent  himself  to  have  received  any  such  degree 
or  credential,  nor  shall  any  person  append  to  his  name 
any  letters  in  the  same  form  registered  by  the  re- 
gents as  entitled  to  the  protection  accorded  to  uni- 
versity degrees,  unless  he  has  received  from  a  duly 
authorized  institution  the  degree  for  which  the  let- 
ters are  registered.  (1104) 

Counterfeiting  or  falsely  or  without  authority  mak- 
ing or  altering  in  a  material  respect  any  such  creden- 
tial issued  under  seal  is  a  felony,  and  personating  an- 
other by  attempting  to  take  an  examination  in  his 
name  or  procuring  any  person  thus  falsely  to  person- 
ate another,  or  otherwise  attempting  to  secure  the  rec- 
ord of  having  passed  such  examination  in  violation 
of  the  university  ordinances,  or  any  other  violation 
of  this  section  is  a  misdemeanor;  and  any  person  who 
aids  or  abets  another,  or  advertises  or  offers  himself 
to  violate  the  provisions  of  this  section,  is  liable  to 
the  same  penalties.  (1104) 

The  trustees  of  every  corporation  created  for  ed- 
ucational purposes  and  subject  to  visitation  by  the 
regents,  unless  otherwise  provided  by  law  or  by  its 
charter,  may: 


State]  Powers  of  Trustees  427 

1.  Fix  the  number  of  trustees,  which  may  not  ex- 
ceed 25  or  be  less  than  5.     (1105) 

If  any  institution  has  more  than  5  trustees,  the  body  that 
elects  by  a  f  vote  after  notice  of  the  proposed  action  in  the 
call  for  a  meeting,  may  reduce  the  number  to  not  less  than 
5  by  abolishing  the  office  of  any  trustee  which  is  vacant  and 
filing  in  the  regents'  office  a  certified  copy  of  the  action.  A 
majority  of  the  whole  number  shall  be  a  quorum.  (1105) 

2.  Elect  an  executive  committee  of  not  less  than  7, 
who,  in  intervals  between  meetings  of  the   trustees, 
may  transact  such  business  of  the  corporation  as  the 
trustees  may  authorize,  except  to  grant  degrees  or  to 
make   removals   from   office.     (1105) 

3.  Meet  on  their  own  adjournment  or  when  required 
by  their  by-laws,  and  as  often  as  they  shall  be  sum- 
moned by  their  chairman,  or  in  his  absence  by  the 
senior  trustee,  on  written  request  of  three  trustees. 

Seniority  shall  be  according  to  the  order  in  which  the  trus- 
tees are  named  in  the  charter  or  subsequently  elected.  No- 
tice of  the  time  and  place  of  every  meeting  shall  be  made 
not  less  than  5  nor  more  than  10  days  before  the  meeting  to 
the  usual  address  of  every  trustee.  (1105) 

4.  Fill  any  vacancy  occurring  in  the  office  of  any 
trustee  by  electing  another  for  the  unexpired  term. 
(1105) 

The  office  of  any  trustee  shall  become  vacant  on  his  death, 
resignation,  refusal  to  act,  removal  from  office,  expiration  of 
his  term,  or  any  other  cause  specified  in  the  charter.  If 
any  trustee  shall  fail  to  attend  3  consecutive  meetings  with- 
out written  excuse  accepted  as  satisfactory  by  the  trustees 
not  later  than  the  3d  consecutive  meeting  from  which  he 
has  been  absent,  he  shall  be  deemed  to  have  resigned,  and  the 
vacancy  shall  be  filled.  Any  vacancy  in  the  office  of  trustee 
continuing  for  more  than  ]  year,  or  any  vacancy  reducing  the 


428  Regents  of  the  University    [Part  VII 

number  of  trustees  to  less  than  §  of  the  full  number  may  be 
filled  by  the  regents.  No  person  is  ineligible  as  a  trustee  by 
reason  of  sex.  (1105) 

5.  Take  and  hold  by  gift,  grant,  devise  or  bequest  in 
their  own  right  or  in  trust  for  any  purpose  comprised 
in  the  objects  of  the  corporation,  such  additional  real 
and  personal  property  beyond  such  as  shall  be  author- 
ized by  their  charter  or  by  special  or  general  statute, 
as  the  regents  shall  authorize  within  one  year  after 
the  delivery  of  the  instrument  or  probate  of  the  will, 
giving,  granting,  devising  or  bequeathing  such  prop- 
erty, and  such  authority  given  by  the  regents  shall 
make  any  such  gift,  grant,  devise  or  bequest  oper- 
ative and  valid  in  law.     (1105) 

Any  grant,  devise  or  bequest  made  for  the  benefit  of  any 
institution  in  or  registered  by  the  university  is  equally  valid 
whether  made  in  the  corporate  name  or  to  the  trustees  of  the 
corporation  and  the  powers  given  to  the  trustees  by  this 
section  are  construed  to  be  the  powers  of  the  corporation  ex- 
ercised through  its  trustees.  (1105) 

6.  Buy,  sell,  mortgage,  let  and  otherwise  use  and 
dispose  of  its  property  as  they   shall   deem  for   the 
best  interests  of  the  institution.     (1105  ) 

They  may  also  receive  as  a  gift,  or  on  loan  or  deposit,  lit- 
erary, scientific  or  other  articles,  collections,  or  property  per- 
taining to  their  work ;  and  such  gifts,  loans  or  deposit  may  be 
made  to  or  with  the  university  or  any  of  its  institutions  by 
any  person,  or  by  legal  vote  of  any  board  of  trustees,  corpor- 
ation, association  or  school  district,  and  any  such  transfer 
of  property,  if  approved  by  the  regents,  during  its  contin- 
uance, transfers  responsibility  therefor  to  the  institution  re- 
ceiving it,  which  is  also  entitled  to  receive  any  money,  books 
or  other  property  from  the  state  or  other  sources  to  which 
said  corporation,  association  or  district  would  have  been  en- 
titled but  for  such  transfer.  (1105) 


State]  Powers  of  Trustees  429 

7.  Appoint  and  fix  the  salaries  of  such  officers  and 
employees  as  they  shall  deem  necessary.     (1105) 

Unless  employed  under  special  contract,  these  shall  hold 
their  offices  during  the  pleasure  of  the  trustees;  but  no  trustee 
may  receive  compensation  as  such.  (1105) 

8.  Remove  or  suspend  from  office  by  vote  of  a  major- 
ity of  the  entire  board  any  trustee,  officer  or  employee 
engaged  under  special  contract,  on  examination  and 
due  proof  of  the  truth  of  a  written  complaint  by  any 
trustee,  of  misconduct,  incapacity  or  neglect  of  duty. 
(1105) 

One  week's  previous  notice  of  the  proposed  action  must  be 
given  to  the  accused  and  to  each  trustee.  (1105) 

9.  Grant  such  degrees  and  honors  as  are  specifically 
authorized  by  their  charter,  and  in  testimony  thereof 
give  suitable  certificates  and  diplomas  under  their 
seal.     (1105) 

Every  certificate  and  diploma  so  granted  entitles 
the  conferee  to  all  privileges  and  immunities  which 
by  usage  or  statute  are  allowed  for  similar  diplomas 
of  corresponding  grade  granted  by  any  institution 
of  learning.  (1105) 

10.  Make  all  by-laws,  ordinances  and  rules  necessary 
and  proper  for  the  purposes  of  the  institution  and  not 
inconsistent  with  law  or  any  ordinance  or  rule  of  the 
university.     (1105) 

No  ordinance  or  rule  by  which  more  than  a  majority  vote 
shall  be  required  for  any  specified  action  by  the  trustees  may 
be  amended,  suspended  or  repealed  by  a  smaller  vote  than 
that  required  for  action  thereunder.  (1105) 

Every  incorporated  college  in  this  state  is  duly 


430  Regents  of  the  University    [Part  VII 

authorized  and  empowered  to  construct  and  maintain 
a  system  of  water -works  for  the  purpose  of  supplying 
its  college  buildings  and  premises  with  pure  and 
wholesome  water  for  domestic,  sanitary  and  fire  pur- 
poses, and  for  the  preservation  of  the  health  of  its 
students,  faculty  and  employees,  and  for  the  preser- 
vation of  the  public  health  of  the  town,  village  or 
city  in  or  near  which  such  college  is  located,  and  the 
construction  and  maintenance  of  such  water-works 
is  declared  to  be  a  public  use.  Such  water- works, 
as  often  as  necessary,  may  be  enlarged  or  improved. 
(1106) 

If  any  such  college  shall  be  unable  to  agree  upon 
such  terms  of  purchase  of  property,  right  or  ease- 
ments, necessary  for  this  purpose  before  or  after 
plans  shall  be  determined  upon,  it  may,  after  such 
plans  have  been  adopted,  acquire  the  same  by  con- 
demnation, according  to  the  provisions  of  the  con- 
demnation law.  (1106) 

When  any  such  college  has  constructed  and  com- 
pleted waterworks,  as  above  provided,  it  may,  by  a 
majority  of  its  trustees,  determine  upon  and  con- 
struct a  sewer  system ;  and  may  connect  the  same  with 
the  sewer  system  of  the  village  or  city  in  or  near  which 
said  college  is  situated,  if  such  connection  is  practic- 
able. (1106) 

Examination,  surveys  and  a  map  may  be  made  as  above 
provided.  Lands  and  easements  may  be  acquired  by  pur- 
chase, as  above  provided,  and  in  case  such  acquisition  can  not 
be  made  by  purchase  then  they  may  be  acquired  by  condem- 
nation, according  to  the  provisions  of  the  condemnation  law. 
(1106) 


State]  Bequests  431 

No  gift,  grant,  or  bequest  to  religious,  educational, 
charitable,  or  benevolent  uses,  which  is  in  other  re- 
spects valid  under  the  laws  of  this  state,  is  deemed 
invalid  by  reason  of  the  indefiniteness  or  uncertainty 
of  the  persons  designated  as  the  beneficiaries  there- 
under in  the  instrument  creating  the  same.  (45: 
1909) 

If  in  the  instrument  creating  such  a  gift,  grant,  or  bequest 
there  is  a  trustee  named  to  execute  the  same,  the  legal  title 
to  the  property  given,  granted,  or  bequeathed  for  such  ur- 
poses  shall  vest  in  such  trustee.  If  no  person  be  named  as 
trustee  then  the  title  to  such  property  shall  vest  in  the  su- 
preme court.  (45:  1909;  52:  1909) 

Whenever  it  appears  to  the  court  that  circumstances  have 
so  changed  since  the  execution  of  an  instrument  containing 
a  gift,  grant  or  bequest  to  religious,  educational,  charitable 
or  benevolent  uses  as  to  render  impracticable  or  impossible 
a  literal  compliance  with  the  terms  of  such  instrument,  the 
court  may,  upon  the  application  of  the  trustee  or  of  the  person 
or  corporation  having  the  custody  of  the  property,  and  upon 
such  notice  as  the  court  shall  direct,  make  an  order  directing 
that  such  gift,  grant  or  bequest  be  administered  or  expended 
in  such  manner  as  in  the  judgment  of  the  court  will  most  ef- 
fectually accomplish  the  general  purpose  of  the  instrument, 
without  regard  to  and  free  from  any  specific  restriction,  lim- 
itation or  direction  contained  therein ;  provided,  however,  that 
no  such  order  shall  be  made  without  the  consent  of  the  donor 
or  grantor  of  the  property,  if  he  be  living.  (45:  1909;  52: 
1909) 

Personal  property  may  be  granted,  bequeathed,  and 
conveyed  to  any  incorporated  college  or  other  literary 
incorporated  institution  in  this  state,  to  be  held  in 
trust  for  any  one  or  more  of  the  following  purposes: 

1.  To  establish  and  maintain  an  observatory; 


432  Regents  of  the  University    [Part  VII 

2.  To  found  and  maintain  professorships  and  scholarships ; 

3.  To  provide  and  keep  in  repair  a  place  for  the  burial  of 
the  dead;  or 

4.  For  any  other  specific  purposes  comprehended  in  jthe 
general    objects    authorized    by    their    respective   charters. 
(45:1909) 

The  said  trusts  may  be  created,  subject  to  such  conditions 
and  visitations  as  may  be  prescribed  by  the  grantor  or  donor, 
and  agreed  to  by  said  trustees,  and  all  property  which  here- 
after is  granted  to  any  incorporated  college  or  other  literary 
incorporated  institution  in  trust  for  any  of  the  aforesaid  pur- 
poses, may  be  held  by  such  college  or  institution  upon  such 
trusts,  and  subject  to  such  conditions  and  visitations  as  may 
be  prescribed  and  agreed  to  as  aforesaid.  (45 :  1909 ;  52 :  1909) 

Personal  estate  may  be  granted,  bequeathed,  and  conveyed 
to  the  corporation  of  any  city  or  village  of  this  state,  to  be 
held  in  trust  for  any  purpose  of  education,  or  the  diffusion 
of  knowledge,  or  for  the  relief  of  distress,  or  for  parks,  gar- 
dens, or  other  ornamental  grounds,  or  grounds  for  the  pur- 
poses of  military  parades  and  exercise,  or  health  and  recre- 
ation within  or  near  such  incorporated  city  or  village,  upon 
such  conditions  as  may  be  prescribed  by  the  grantor  or  donor, 
and  agreed  £o  by  such  corporation.  (45:  1909;  52:  1909) 

Personal  estate  may  be  granted,  or  bequeathed  to  com- 
missioners of  common  schools  of  any  town,  and  to  trustees 
of  any  school  district,  in  trust  for  the  benefit  of  the  common 
schools  of  such  town,  or  for  the  benefit  of  the  schools  of  such 
district.  (45:  1909;  52:  1909)  See  pages  274-5. 

Any  person  desiring  in  his  lifetime  to  promote  the 
public  welfare  by  founding,  endowing,  and  having 
maintained  a  public  library,  museum  or  other  educa- 
tional institution,  or  a  chapel  and  crematory,  within 
this  state,  may  to  that  end  and  for  such  purposes  by 
grant,  in  writing,  convey  to  a  trustee,  or  any  number 
of  trustees,  named  in  such  grant,  and  to  their  sue- 


State]  Bequests  433 

cessors,  any  personal  property  belonging  to  such  per- 
son.    (45:  1909;  52:  1909) 

No  person  having  a  husband,  wife,  child  or  parent, 
may,  by  his  or  her  last  will  and  testament,  devise  or 
bequeath  to  any  benevolent,  charitable,  literary, 
scientific,  religious  or  missionary  society,  association 
or  corporation,  in  trust  or  otherwise,  more  than  one 
half  part  of  his  or  her  estate,  after  the  payment  of  his 
or  her  debts  and  such  devise  or  bequest  is  valid  to 
the  extent  of  one  half,  and  no  more.  (18:  1909) 

The  widow's  dower  and  the  debts  are  to  be  first  deducted. 

A  testator  can  not  give  to  two  or  more  corporations  in  the 
aggregate  more  than  he  can  give  to  a  single  object;  viz.,  one- 
half  of  his  estate.  (43  N  Y  425,  2  Ap  Div  25;  43  N  Y  425; 
95  N  Y  166) 

No  person  leaving  a  wife,  or  child,  or  parent,  may 
devise  or  bequeath  to  any  institution  or  corporation 
formed  under  chapter  319  of  the  laws  of  1848  more 
than  one-half  of  his  or  her  estate,  after  the  payment 
of  his  or  her  debts,  and  such  devise  or  bequest  shall 
be  valid,  to  the  extent  of  such  one-half,  and  no  such 
devise  or  bequest  is  valid,  in  any  will  which  shall  not 
have  been  made  and  executed  at  least  two  months 
before  the  death  of  the  testator.  (18:  1909) 

(33  Ap  Div  49,  77  Hun  298,  22  Mtsc  198,  59  N  Y  449,  79  N  Y  327,  95 

N  Y  166) 

The  income  arising  from  any  personal  property 
granted  or  conveyed,  or  bequeathed,  in  trust  to  any 
incorporated  college  or  other  incorporated  literary 
institution,  or  for  the  purpose  of  providing  for  the  main- 
tenance of  any  teacher  in  a  grammar  school  or  in- 


434  Regents  of  the  University    [Part  VII 

stitute,  may  be  permitted  to  accumulate  until  the 
same  shall  amount  to  a  sum  sufficient,  in  the  opinion 
of  the  regents  of  the  university,  to  carry  into  effect 
any  of  the  charitable  uses  and  trusts  mentioned.  (45 : 
1909) 

If  any  of  the  principal  of  any  trust  fund  actually 
received  by  any  incorporated  college,  or  other  incor- 
porated literary  institution,  or  by  the  corporation  of 
any  city  or  village,  or  by  the  commissioners  of  com- 
mon schools  of  any  town,  or  by  the  trustees  of  any 
school  district,  under  any  grant,  conveyance,  or  be- 
quest for  any  of  the  purposes  for  which  trusts  are 
authorized,  shall  subsequently  become  diminished 
from  any  cause,  such  diminution  may  be  made  up  by 
the  accumulation  of  the  interest  or  income  of  the  prin- 
cipal of  such  trust  fund,  in  accordance  with  the  direc- 
tions, if  any,  contained  in  the  grant,  conveyance,  or 
bequest  of  such  trust  fund.  (45:1909;  52:  1909) 

If  no  directions  for  that  purpose  are  contained  in  such 
grant,  conveyance,  or  bequest,  then  such  diminution  may  be 
made  up  in  whole  or  in  part  by  such  accumulation,  in  the 
discretion  of  the  trustees  of  such  trust  fund;  but  in  no  case 
shall  such  accumulation  be  allowed  to  increase  the  trust  fund 
beyond  the  true  amount  or  value  thereof,  actually  received 
by  the  trustees,  to  be  estimated  after  the  deduction  of  all 
liens  and  incumbrances  on  such  trust  fund,  and  of  all  expenses 
incurred  or  paid  by  the  trustees  in  the  collection  or  obtaining 
the  possession  ot  the  same.  (45:1909;  52:  1909) 

Property  devised  or  bequeathed  to  any  person  who 
is  a  bishop  or  to  any  religious,  educational,  charitable, 
missionary,  benevolent,  hospital  or  infirmary  cor- 
poration, including  corporations  organized  exclusively 


State]  Bequests  435 

for  bible  or  tract  purposes,   is  exempted  from  the 
transfer  tax.     (62:   1909) 

Personal  property  other  than  money  or  securities  be- 
queathed to  a  corporation  or  association  organized  ex- 
clusively for  the  moral  or  mental  improvement  oi  men  and 
women  or  for  scientific,  literary,  library,  patriotic,  cemetery 
or  historical  purposes  or  for  the  enforcement  of  laws  relating 
to  children  or  animals  or  for  two  or  more  of  such  purposes  and 
used  exclusively  for  carrying  out  one  or  more  of  such  pur- 
poses is  also  exempt.  (62:1909) 

Whenever  any  person  gives  to  the  state  of  New 
York  any  obligations  of  any  other  state,  the  governor 
is  hereby  authorized  in  his  discretion,  to  receive  and 
accept  the  same  for  the  benefit  of  the  state  and  the 
right  and  title  thereto  and  therein  passes  to  and  vests 
in  this  state  and  the  same  and  all  the  proceeds  thereof 
when  collected  are  held  by  the  comptroller  in  a  special 
account  or  fund  subject  to  be  appropriated  by  the 
legislature  only  for  the  support  of  common  schools 
or  for  the  promotion  of  some  educational  interest  in 
the  state.  (58:  1909) 


NDEX 


INDEX 


The  numbers  in  parenthesis  refer  to  pages  in  the  new 
school  law  of  1909,  cloth-bound  copies  of  which  were  placed 
in  every  district  of  the  state.  The  complete  index  of  that 
volume  is  inserted  here,  so  that  this  index  serves  for  that 
book  as  well  as  this. 

actions,  continued 

code  of  civil  procedure  (302:1897) 
q  (282—3)  286 

advisory  board  33 

affidavits 

commissioner  may  take  (88)  406 
school    commissioner    may    take 
(81—2)  390 

agriculture  297,  396 
Alfred  university  401 
Cornell  college  of  400 
Morrisville  school  of  401 
St.  Lawrence  university  400 
state  schools  of  (240 — 7)  400 

Albany  normal  college  404 

alcoholic  drinks,  see  physiology  and 
hygiene 

Alfred   university,    state   school   of 
agriculture  (243—5)  401 

annual  meetings,  see  school  meetings 

annulment    of    certificates    89 — 95, 
387,  406 

apparatus 

apportionment  for  (108)  335 
boards  of  education  to  purchase 

(63—4)  330,  338 
district  to  vote  tax  for  (26)  27 
expenditures  for  (51)  331,  338 
loaned  for  extension  work   (218) 

411 

purchase  of  (34)  278 
repairs  (51)  331 

appeals  preferable  to  courts  234 
altering  school  districts  (9)   10 
annulling  certificates   95 
expenses  of  officers,  tax  for  (27)  36 
from   school   commissioners   (84) 
382 


abandonment    of    children    195 
abolition  of  libraries  (198)  33 
absence  from  school  172 — 84,  186 
academic   departments    (5)    333 — 7 
academies  changed  to  (68)  333 
apportionment  (66,    108—9)   335 
7 

boards  of  education,  powers  (68) 

333 

establishment  (64)  333 
examinations  (218)  334 
qualifications  of  pupils  (69)  334 
quota  (108)  335 
subject  to  regents  (69)   334 
academies 

apportionment  to  (108)  7,  337 
changed  to  academic  departments 

(68)  333 

contract  with  334 
defined  (5)  8 

dissolution    (222—6)    422—5 
incorporation  (221)  419 
lease  of  333 

retransfer  (68—9)  334,  422—5 
trustees  (67—8)  426—9 
actions 

against  school  officers  (118 — 9)  36 
county  judge  to  compel  tax  for 

costs  (118)  285 
expenses   in    defending,    tax   for 

(27)  284—6 

for  recovery  of  taxes  (101)  66 
supervisors   sue   for   money   due 

(13)  374 
teachers'   wages   unpaid    (27 — 8) 

117 
trustees,  against  predecessor  (54) 

286 


(439) 


440 


School  Law 


[appeals 


appeals,   continued 

school  commissioner  to  report  tes- 
timony to  commissioner  of 
education  (81)  391 

to  commissioner  of  education  (71, 
89—90)  141—5,  234,  382 

See  also  decisions 
appellate  division  libraries  (201 — 3) 

417 
appointment  of  heads  of  departments 

and    subordinates    (86)    394 
apologies  254,  257—9 
apportionment,  see  academic  depart- 
ment,    public     library     money, 

school   librariew,    school   moneys 
arbor  day  (156 — 7)  205 — 6 
archives  in  state  library  (190 — 1)  415 
art  associations,  incorporation  (221) 

419 
assessment,  see  taxes 

rolls,  11 

assigning  pupils  329 
associations,  incorporation  (221)  419 
attendance 

compulsory  (121—30)  185—98 
of  Indians  (168—73)  185 

record  of  (125 — 6,   134)   189 

officers  (126 — 7)  192—3,  348,  371 

Indian  schools,  (171)  185 
attire  of  pupils  169 
authority,   extent   of    157 — 64,    254 
ballot  boxes  provided 

by  boards  of  education  (58)  320 

by  trustees  (39)  41 
ballots  for  pensions  369 

in  common  districts  (39)   41 

in  villages  350 

banking  law  (305—6)   61—2,  280 
bankruptcy  91,  131 
banks 

savings,  in  schools  (305—6)   280 

taxation  of   (271—6)   61—2 
Batavia    institution    250 — 1 
beer,  sale  of  197 
begging  forbidden  195 
bequests  430—5 

authorized   (312—7)    430—5 


bebuests,   continued 

of  personal  property  exempt  (320 

—1)  434 

to  corporations  (311 — 21)   431 
transfer  tax,  exemptions  (320 — D 

334—5 

see    also  gifts;  trusts 
Best,  Lyman  O.  140—1 
Bible  in  school  214—20 
birds  nests  and  eggs,  permit  to  make 

collection  (322—3)  414 
blackboards,  tax  for  (26)  27 
blind,  instruction  of  (173—9)  250—1 
board  of  education  (55—72)  324 — 48 
academy,    may   adopt   (68)    326 

333—7 

apparatus  331 
appointment  of  officers    i(44 — 5) 

324,  325,  342—3,  348 
assigning  pupils  329 
bonds,  issue  of  (103)  277 
borrowing  money  340 
clerk  342,  348 
colored  children  329 
committees  326 
condemnation  for  site  (34)  331 
contingent  expenses  345 
contracts,  not  to  be  interested  in 
(69—70)  347 
with  academies  334 
with  trustees  in  other  districts 

(140)  338 

corporate  bodies  (56)  324 
control  of  district  333 
course  of  study  327,  328,  330 
drawing  required  327 
election  (15,  56—60)  324 
disputes  concerning  (59)  320 
in  new  districts  (59 — 60)  319 — 

21,  324 

inspectors  (58)  321 
notice  of  (58)  315—6 
record  of  votes  (58)  321 
special  (59)  319,  320 
expenditures  limitation  (66)  346 
fire  drills,  duties  relating  to  (156) 
343 


bonded] 


Index 


441 


board  of  education,   continued 
fire  escapes,  construction  (31)  26 
furniture  331 
gifts  333 

industrial  drawing  (161)  327 
—  schools  (162—5)    328—9,    344 
illegibility    (37)    51 
laws   applying  to    (72) 
leasing  academies  333 
librarians  338 

library    property,    transfer    (199) 
meetings  (66)  326 

annual  (60)  325 

special  325,  347 
non-resident  pupils  338 

tuition  336 
number  of  members  (60 — 2)  324, 

325 

officers  324,  325,  342—3 
powers  and  duties  (62 — 5)  326 — 

48 

president  (56)  324 
property,  title  to  332 
records  (69)  346 
removals  from  office  (62,  65)  325, 

339 

repairs  331 
reports  (69,  88—9)  336,  347 

of  pupils  from   other  districts 

(141) 

rules  and  by-laws  326,  327 
school    houses,    construction   330 

use  of  for  certain  purposes  (31) 
219 

outbuildings, pro  vision  for  (32 — 
33)  339 

sites,  designation  without  vote 
(33)  331 
purchase  of  330 
sale  of  332 

—  libraries,   librarian    (198)    338 

—  meetings,    duties    relating   to 

(16,  17,  18.)  314—23 

—  special,  may  call  (23)  347 

—  moneys,  custody  and  payment 

of    (66—7)    336—8,    34.5 — 6 


board  of  education,   continued 

estimate  of  expenditures(70)  344 
stimulants  and  narcotics  330 
superintendent  of  schools  (65 — 6) 
340 
supervision  by  commissioner  (88) 

347 
taxes  for  bonded  indebtedness  (10) 

277 

certified  to  corporate  authori- 
ties (71)  351 

may  levy  without  vote  (70)  345 
teachers,  contract  with  (137)  338 

relationship  to  (137)  338 

—  institutes,      reports    on  (144) 
110,  267—8 

—  training  schools  (147)  341 
term  of  office  (56,  57.  60,  61,  62) 

324—5 
text-books,  to  designate  (138—9) 

330 

to  furnish  (139)  330 
titles   to  lands  vested  in  (35)  332, 

359 
trustees,  powers  of  (67 — 8)  326 

of  union  school  district,  election 

(15)  324 
vacancies  in  office  (40)  325 

how  filled  (64)  339 
village  349—56 

visitation  of  schools  (66)  326,  347 
vocal  music  (162)  328 
waterclosets,  to  provide  (65)  339 
See  also  school  trustees;  union  free 

school   districts 

board  of  supervisors,  see  supervisors 
boarding  place  117 
bond 

collector's  (26,  43 — 4,  45,  98)  45 

recovery  of  money  on  (46)  47 
supervisor's    for    school    moneys 

(77)  372 

treasurer's  (26,  43,  45)  48 
trustees  (115)  275 
bonded  indebtedness 

apportionment    of    (11)    350 


442 


School  Law 


[bonded 


bonded  indebtedness,  continued 
charge  npon  enlarged  district  (10) 

323 
districts  having,  not  to  be  divided 

(9)   10,   11 
bonds  (103—4.)  277 

sale,  notice  of  (103—4)  277 

payment  of  proceeds  (42)  48 
sale  of  site,  security  for  (34)  23 
books 

bought,  approval  for  (197)  29,  33 

forfeiture  of  grants  (196)  33 

subject  to  return  to  state  (198) 

33 

loans  for  extension  wotk  (218)  32 
of  delinquent  libraries  (199 — 200) 

31 

penalties  for  detention(195 — 6)  31 
regents  may  buy  for  libraries  (197) 

32 
standard  for  local  subsidies  (193) 

29 

—  and   apparatus,    apportionment 

for  (108,  109)  335 

power  of  trustees  278 
botanist,  state,  member  of  museum 

staff  (219)  412 
boundaries  of  districts  385 
branch    institutions,    establishment 

restricted   (221)   420 

—  libraries  (192)  417 

—  schools  279 

buildings,   see   schoolhouses 
bulletins  issued  by  regents  (220)  418 
business  law,    (12:1909)q    (307—8) 

419 

—   schools,  use  of    name  college 

(226)  425 
by-laws,   regents  may  make     (218) 

411 
census  193,  405 

board  in  cities  359 

Indian   inhabitants    (172)    193 

school    (185—8)    193,   279 

expenses,  how  paid  (107)   193 
certificates,  protection  against  fraud 

(226)  420.     See  also  college  grad- 


certificates,  continued 

uates'  certificate;  normal  schools; 

teachers  certificates. 
chancellor   of   university   (217)    410 

duties  (217)  410 

meetings,   to  call    (217)    410 
charters,     corporations 

business    corporations    law    (12: 
1909)q  (307)  419 

constitutional    provisions    (307) 
419 

membership  corporations  law 

(40:1909)q  (308)  419 
—  of  university  institutions   (221) 
419—22 

alteration    or    repeal    (221—2) 
420—1 

conditions  of  granting  (221)  420 

library  (195)  30 

property  requirements  (221)  420 

provisional  (222)  421 

rechartering  (222)  421 

restrictions,    degree-conferring 
power  (226)  420 

surrender  (226)  422 

suspension  (220)  425 
charts  278 

Cheney,  Francis  J.  225 
children,  unlawful  employment  (124, 

125,   287—301)    189—98,   354—6 

See  also  pupils;  school  age. 
cigarettes  197 — 8 
cigars  196—8 
circulation,     subsidies     granted    on 

(193 — 4)    29 
cities  357—68 

apportionment  to  (105,  107,  108 
—9)  266,  270 

census  board  359 — 64 

deposit  of  moneys  in  (66 — 7)   351 

o 

industrial  schools  358 
libraries  (192)  27 — 35 
property  in  trust  (113)   432 
requirements  for  grade  schools  357 
school  commissioner  district,  shall 
not  form  part  of  (79)  381 


commissioner] 


Index 


443 


cities,  continued 

school  district  for  apportionment 

(112)    359 
taxes,    corporate    authorities    to 

levy  (71)  359 
teachers'      training     schools     or 

classes  (147)   353 
treasurer  or  chamberlain,    certi- 
ficate of  apportionment  of  school 
moneys  to  (110)  270 
civil  procedure  (302:1897)q  (282—3 

83)  60,  286 
Clark.  John  H.  238 
cleanliness  of  pupils  169 
clerk,  see  district  clerk 
closing  school  112,  135 
collection  of  taxes,  see  taxes 
collector 

bond   (26,  43—4,  45,  98)   45,  46 

recovery  of  money  on  (46)  47 

county     treasurer,     payment     to 

(42,  45)  47 

payment    of    tax    to    collector 

(100—1)   63—70 
custody  of    moneys  (45)  45,  46 

transfer  to  treasurer  48 
disbursements  of  moneys  (74)  46 
election   in   common    school    dis- 
tricts (25)  41 
in  union  districts  343 
fees   (99)   47 
jurisdiction   (98)    64 
liability  of,  for  money  lost  (46)  46 
railroad    companies,     assessment 

(99—100)  63 

reports  of  receipts  and  disburse- 
ments (45—6)  46,  47 
taxes,   notice   of   (98 — 9)    65 
unpaid,   return  of  (101)   67—8 
warrant  for  collection  of  (97 — 

8)   63—6 

teachers'  fund,  to  disburse  (44)  46 
pensions,    payment    (136)    370 
trustees    may  not  hold  office  of 
(37)    52 

not  to  draw  on  unless  record 
is  verified  (134)    121 


collector,   continued 

union    free   school   districts   (45) 

348 
vacancy  in  office   (40)   45 

how  filled  (40)  281 
college    graduates    certificate    (132) 

307—10 

colleges  (6)  425—30 
defined   (5)  8,  425 
degree-conferring     power      (221) 

420,  426 
incorporation  (221)   418 — 25 

conditions  of   (221)   420 
name,  use  of  (226)   425 
trusts,    may   hold    (313,316)    428 
water-works   and    sewer   systems 

(229—31)  429—30 
Colonial  history,  extra  copies  (191) 

416 
colored  children,    schools  for    (185) 

329 

commissioner  of  education  (5,  84 — 
9)  8,  174,  394—408 
academy,    approval    of    adoption 

(68)  333—4 
accepts  resignation  42 
affidavits    406 
annulling  certificates  406 
appeals  or  petitions  to  (71,  89 — 

90)  407—8 

appointment  (85)   394.  407 — 8 
apportionment  266 — 70 
approves  amended  tax  list  65 
contract    with    district    38 
gifts   for  library  29 
schoolhouse  plans  25 
arbor     day     exercises     (156 — 7) 

205—6 

boards  of  education,  election  dis- 
putes (59)   320 — 1 
may  order  special  election  to  fill 

vacancy  (59,  65)   339 
removal   from   office    (62)    325 
under  his  supervision  347 
buildings,  approved  by  (29—30) 
406 
regulations  for  ventilation  30 


444 


School  Law       [commissioner 


commissioner  of  education,  cont'd 

compulsory  education  law  (130) 
192 

condemnation  of  schoolhouses  24 

contingent  expenses   (70)    345 

deaf  and  blind  institutions  (173 — 
4,  175)  247—51 

decides  as  to  eligibility  52 

departments  394 

designates  what  must  be  reported 
43 

district  boundaries   10 

fines,  apportionment  of  (116)  271 

forms,    preparation  of    (88)    406 

grants  certificates  82 

Indian  children,  duties  regarding 
(167)   404 

indorses  certificates  86 

industrial  and  trade  schools  (164) 
404 

normal  schools,  powers  and  duties 
(148,  149,  150)  402 — 1 

oaths,  power   to  administer  (88) 
406 

office  continued  (85)  393 

—  in  capitol  (85)  393 

orders  special  meetings  16 

patriotic  exercises,  provisions  for 
(154—5)  279 

penalty  for  falsely  claiming  to  re- 
present (117)  278 

physiology  law,  duties  relating  to 
(160)  205 

pictorial    reproduction    (160 — 1) 
352 

powers  and  duties  (85—6)  394 

property  in  trust  (113)  274 

regulations,  power  to  make  394 

removes  school  officers  52,  72 

report   to   legislature    (87)  405 

reports  of  librarians  34 

rules  for  libraries  34 

salary   (85)   394 

school  commissioner  to  report  tes- 
timony   (81)    390 
may  fill  vacancy  (80)  384 
—  withhold  salary  (81)  385 


commissioner  of  education,  cont'd 
subjection  to  and  report  to  (83 
—4)  382 

—  districts,   appeal  from  action 

altering  (9)  10 
minutes  of  meeting  to  organize 

union  school  to  be  filed  with 

(16)  318 
proceedings  of  meetings,  to  be 

notified  of  (18)  323 

—  libraries,  rules  (198)  34 

—  library  moneys,  may  withhold 

(200)  35 

—  meetings,  special  may  call  (22) 

16 
of  two  or  more  districts,  may 

order  (15)  317 
to  form  union  school  315,  317, 

318 

—  moneys,  apportionment  (105 — 
10)  144,  266—70 
apportionment  withheld  (158 — 

9)  205 

compulsory  law  192 
certificate    of    apportionment 

(110) 
withholding  (88)  406 

—  neighborhoods  (18—9)  12 — 1, 

49—50 

—  officers,  removal  (88)  52 

—  trustees'  reports  (141)  281 — 2 
seal   (86—7)   395 

secretary  of  regents  394 

state  normal  college,   control  of 

(153—4)  404 
suits  or  proceedings,   to  enforce 

decisions  01  (118,  119)  285 
supervision  of  union  schools  (88 — 

9)  347 
tax-list,  approval  of  amendment 

of  (98)  65 
teachers,  dismissal  (138)  124 

to  keep  register  of  (87—8)  406 

—  certificates,  may  grant  and  re- 
voke   (132—3)    82—99,    287— 

312 
power  to  annul  (87)  89—9 


coterminous] 


Index 


445 


commissioner  of  education,  cont'd 
may  revoke  for  refusal  to  teach 
physiology  and  hygiene  (158) 
203 

—  institutes,    duties  relating   to 

(141—2,   145)   388—9 
instruction  in  vocal  music  (162) 
328 

—  training   schools  and   classes, 

apportionment   for    (112 — 3) 
342 

duties    relating    to    (145,    146) 

341—2 

term  of  office   (85)   393 
traveling  expenses,    allowance 

(85)  393 

trustee   of   Cornell   395 
trusts,    control    and    supervision 

(114)   273—5 

report  of  to  (114)  274 
union  school  district,  may  author- 
ize   meeting    to    organize    (14) 

315,  317,  318 
university  seal  395 
vacancy  in  office,  how  filled  (85) 

393 
village  districts,  population  of  (65) 

340—1 
visitation  of  common  schools  by 

(87)  405 
visitors    of    schools,    local,    may 

appoint  (87)  405 
withholds  library  money  35 

public  money  72,  406 
commissioner,     school,     see     school 

commissioner 

common  school  districts,  see  school 
districts 

—  school  fund   7,   264 
— schools 

constitutilnal    provisions  (264)    7 
free  to  resident  pupils  (138)  172, 

173,  242—62,  338 
nonresident  pupils  (138)  115,  338 
See  also   school   districts;    school 

meetings 


composition  208 
comptroller,  school  moneys 

gives  warrants  33,  226,  392 

repays  county  treasurers  69 

withholds  payment  (112)  273 
compulsory      education      (121 — 30) 

185—98,  239,  361 

of   Indians   (168—73)    185 
concurrent   authority   157 — 64 
condemnation   of  land 

college  water  works  430 

schoolhouse   sites   (34—5)    23—4 
constables  at  Cornell  395 
constitutional  provisions  relating  to 

education  (264—9)  7,  172 
contingent  expenses  (70)  345 

fund  established  (105)  266 
contracts 

between  school   districts  (140 — 1) 
268—9 

boards  of  education  not  to  be  in- 
terested   in    (69—70)    347 

for  building  schoolhouses  (32)  71 

for    library    privileges    (193)    29 

officials  not  to  be  interested   in 
(286)  71 

teachers  (137)  93—147 
Coolidge,  Judge  q  37 
conveyance  of  pupils  (28)  38,  186 
Cornell  univeisity  (231-42)  395-400 
corporal  punishment  178.  221 
corporate  authorities  to  levy  taxes 

(71)  351 
corporations  419 — 30 

bequests  to   (311 — 21)   431—5 

dissolution  (310 — 1)  421 

incorporation  by  special  act  for- 
bidden (307)  418 

management    (310)    419,    426 — 9 

property  holding   (309)    428 

receiver  (310—1)  424 

stock   (307.   308—9)   423—4 

See  also  charters 
costs  in  actions  by  or  against  school 

officers  (118—9)  284—6 
coterminous  boundaries  349 


446 


School  Law       [counterfeiting 


counterfeiting  credentials  (227)   426 
counties,  grants  of  property  to(113) 

273 
county  clerk  380 

school  commissioner  to  file  trustee 
tees'  reports  with  (84)  382 
to  forward  to  commissioner  of 
education  certificate  of  elec- 
tion (79)  380 
to   give   notice   of   vacancy  in 

office  of  (80)  380,  384 
school     moneys,     certificate     of 
apportionment    to     (110)     270 

—  judge  380 

appeal  to  (119—20),  285 
hearing  before  (120)  285—6 
penalty  for  disobedience  to  sub- 
poena (82)  391 
school     commissioner,     may     fill 

vacancy  in  office  of  (80)384 
supervisor's  bond  276 
tax  for  costs  in  actions,  to  com- 
pel districts  to  levy  (118)  285 

—  law   (16:1909)q  (304)  381 

—  treasurer 

bank  stock  taxes  62,  375 
fees  59 

fines,   disposition  of  (116)271—2 
railroad     companies,     assessment 

(100)   65—6,  380 

payment  of  tax  to  (100)  65—6 
school  moneys,  annual  report  of 

(110)  376 

apportionment  to  be  certified  to 
(109—10)  270 

payment  of  (110)  270 

payment  to,  statements' of  (111) 

271 

supervisor's  bond   (77—8)   372 
tax  list,  transmission  to  (102)  65 
taxes,  payment  to  collector  (100 — 

1)   66 

on  state  lands  59 

unpaid,  collection  of  (102)  68, 

407 
trustee    of     unclaimed    academy 

stock   (226)    424 


course  of   study   199 — 220 

boards  of  education  to  prescribe 

(62—3)    327—30 
compelling  pupils  to  follow  208 — 

13 

school  commissioners,  duties  con- 
cerning (83)  385—6 
trustees   to   prescribe  in  common 

schools  (49)  199—213 
court  of  appeals 

judges  law  libraries  (201)   417 
libraries  (200—1)  417 
credentials  411—2,  420,  425 — 6 
conferment  by  regents  (218)  411 

Q 

for  extension  work  (218)  411 — 2 

fraudulent    (226)    425—6 
crimes  158,  191,  196,  227,  241 
Crooker,  Sup't  q  78 
damages 

any  person  37 

district  trustee  286 

for  expulsion  261—2 

pupils    260 — 2 

school  commissioner  85 

teacher  39.  85,  138.  143,  145.  147 

to  school  property    167,  225,   253 
dance  halls   196,   197 
Dannemora,    assessment    (94)    58 
.deaf  mutes,  (173— 9)    247—51 
debts  of  district  11 

of  teachers  91,  131 
decedent's    law    (18:1909)   q   (311— 

2)   433 

decisions,  appeals  from  (89 — 90)  407 
declaiming  required  210 

definitions    (5,    6)    8 
degrees   8,    411 

at  Cornell  396 

charter  restriction  (221)  420 

conferring   by   institutions    (226) 
a  franchise  411 
power  restricted  (221) 

honorary,  by  regents  (218)  411 

protection  against  fraud  (226)  426 

provisional  charter  gives  no  power 
to  confer  (221)  420 


Easton] 


Index 


447 


delinquent  and  dormant  institutions 

(220)  418 

suspension  of  charter   (220)   418 
delinquent  libraries  (196,  198)  31 

books  (199—200)  31 
denominational  schpols  7 

theological  seminaries  411 
departments  of  university  (219)  412 
detention  of  library  or  museum  prop- 
erty (195—6)   31 
devises,  see  bequests 
diplomas  429 

conferment  by  regents  (218)  411 
conferment  restricted  (226)  425 — 

6 

indorsement  of  (132—3)  86 
directors  8 
dissolution 

of  academies  (222—6)  421 

of  corporations  (310 — 1)  421 

of  educational  corporations  (222) 

421 

school  districts  (8,  9 — 10)  11 
union  free  school  district,  restrict- 
ed (16)  322 

district  attorney,  appeal  to  (119)  285 
fines,  report  and  payment  (116) 

271 
— clerk  43—4 

duties  (41—2)  43—4 

in  union  districts  342,  348 
election  (25)  41 
fines  11,  43,  321 
forfeiture  of  moneys  lost  (117 — 8) 

269 

notice  of  meeting  15,  17 
—  to  persons  elected  (39)  42,  43 
oath,  teachers,  taken  by  (134)  121 
poll  list  kept  by  (39)  41,  44 
records  of  dissolved  district  (12) 

11 

school    meetings,    may    designate 
place  of  (22)  16 
notice  of  (21)  15 
special,  may  call  (22)  16 
treasurer's  bond,   to  file  (43)   48 


district  clerk,  continued 

trustees  may  not  hold  office  of  (37) 

52 
in  union  free  school  district  (44 — 

5)   343 

vacancies  on  office  (40 — 1)  281 
votes,  to  record  (58)  321 

—  collector,  see  collector 

—  libraries,  see  school  libraries 

—  meetings,   see  school  meetings 

—  officers,  see  school  officers 

—  quota   (105,    106)    226 — 7 
district  entitled  to  (107,  140)  267 

268—9 

—  treasurer  21,   48 — 9 
bond  (26,  43,  45)   48 
duties  (42—3)  48 
election    (25)    21 

in  union  districts  343 
qualifications  (37)   48 
school  moneys,  disbursement  (74) 
48,  371 

payment  to  (110)  48,  371 
teachers'  institutes,  expenses  (144 

—5)  388—9 
term  of  office  (26)  21 
trustees,  may  not  hold    office  of 
(37)  52 
not  to  draw  on  unless  record  is 

verified  (134)  121 
union    free    school    district    (45) 

343 
vacancy  in  office  (40)  281 

how  filled  (40)  281 
districts,    see   school   districts 
disturbance  of  school  155 
division  of  districts  250 
Dix,  Sup't  q  239 
Draper,  Com'r  q  157,  184,  235 
drawing,  instruction  in  (161 — 2)  327 
duplicate  department  of  state  library 

(191)  416 

exchanges  (192)  416 
loans  of  books    from   (197,   219) 

415—6 
Easton,  Judge  q  229 


448 


School  Law 


[education 


education,  boards  of,  see  boards  of 
education 

—  fund  (265,  302—3)  7,  265 
educational  institutions 

penalties  for  detention  (195 — 6)  31 

for   injuries    (195)    30 
employers  fined   190—1 
employment  certificate  355,   367 

—  of  children,  unlawful  (124,  125, 
287—301)  185—98 

in  mercantile  establishments  (292 

—9)   187—8,  354—5 
in  street  trades  (299—301)  195—8 

employment  of  teachers,  see  teachers 

entering  building  72,  155 

entomologist,  state,  member  of  mu- 
seum staff  (219)  412 

enumeration,  see  census 

equivalent  instruction  187 

evening  school  certificates  368 

—  school    for    industrial    drawing 

(161—2)  327 

examinations 

academic   (218)   334—5,  411 
Cornell    scholarship    397—9 
extension  work  (218)  411—2 
fraud  in   (227)  425—6 
physiology  and  hygiene  (158)  203 
regents,  law  authorizing  (218)  409 
use  of  schoolhouses  for  (31)  72 
See  also  teachers  certificates 

excuses  for  absence  178,  185 

exemptions  from    taxation     (265 — 
9)  59—61 
for  building  school  houses  (97)  58 

expenditures  of  school  moneys 
estimates  of  (70)  344—5 
vote  on  (36)  24—7,  345 
to  be  by  ballot  (28)  20 

expulsion  238,  245 

extension  courses  8 

of   business   by   institutions,    re- 
striction (221) 
of  educational  facilities  (218—9) 

411—2 
work  in  agriculture  400 


extent  of  authority  (721) 
factories,  employment  in  (287 — 92) 

187—98 
false    personation    in   examinations 

(227)  425—6 
fees 

for  admission  to  examinations 
(218)  335 

collector's  (99)  47 

libraries,    assistance   to    (197)    32 

supervisor  and  town  clerk  (13)  10 

town  clerk  (44)  45 
felonies 

any  person  283—4,  426 

guardians  195 

parents  195 
financial    provisions,    state    finance 

law  (58:1909)  (302—3)  265 
fines  (115—21)  271—2 

any  person  11,  18,  20,  30,  31,  42t 
83,  155—6,  282,  284,  330,  364. 
391,  415,  426 

apportionment    (116—7)    271—2 

compulsory  law  (124,  5)   190—8 

detention  of    property    (196)    31 

disposition  of  (116—7)  271—2 
in  joint  district  (117)  272 

district  clerk  11,  43,  321 

—  trustee  39,  81 

employers  190 — 1 

fire   drills,   neglect   of    (155)   343 

guardians  190—1,   193,   195,  364 

Indian  children  employed  (170) 
185,  190—8 

injuries  to  property  (195)  30 

neglect  to  sue  for  272 

notice  of  district  meetings  not 
served  (24)  18 

parent  190—1,  193,  195,  364 

payments  on  (111)  271 

pupils  167—8.  198 

report  and  payment  (116)  271 

supervisor  20,   376 

teacher  121,  125, 234, 235,  330, 344 

teachers,  unqualified,  paymentof 
(134)  80—1 


Hoose] 


Index 


449 


fines,  continued 

votes,  failure  to  record  (58)  321 

—  for  false  declaration  (25)  20 
See  also  penalties 

fire  drills  (155—6)  343 

—  escapes  (30—1)  21 

flag,  display  on  school  grounds  (154 

—5)   279 
forest,   fish  and   game  law,   extract 

from  (322—3)  59,  394,  414 
forfeitures,  any  officer  269 

collector   46 

district  192,  203,  389,  406 

—  trustee  272,   282 
normal  school  204 

school   commissioner   272,    385 

teacher  121 

teachers'  institute  204 

training  class  204 
forms,  preparation  of  (88)  406 
fraternities  164,  165 
fraud  in  obtaining  credentials  (226 — 

7)  425—6 
Fredonia    normal    school    (150 — 1) 

401 

free  public   libraries,   see  public   li- 
braries 

—  scholarships  at  Cornell  397 — 9 

—  schools  7,  172,  173,  242—62,  338 
fuel,  district  to  furnish  (26)  24,  338 
funds  (265,  302—3)  264—6 

See    also    public    money;   public 
library  money,  school  libraries; 
school    moneys 
furniture,    district    to   furnish    (26) 

24,  331,  338 
garb,  religious  79 

general   business    law    (25:1909)    q 
(378—9)   411 
construction     law     (27:1909)     q 

(281—2)  267 
corporation  law  (28:1909)  q  (309 

—11)  419 

geography  required  209 
geologist,  state  (219)  412 
gifts  430—5 


gifts,  continued 

authorized   (312—7)   273—4.  430 

—5 
boards  of  education,  powers  (64) 

432 

to  corporations  (311—21)  431 
libraries  (193)  28—9 

conditional  acceptance  of  (193) 

28—9 

See  also  bequests;  trusts 
Gilmour,  Sup't  q  108,  162,  182,  206 
255—6 

and  J.  H.  Hoose  146—7 
globes,  district  to  vote  tax  for  (26)  27 

power  of  trustee  to  buy  278 
gospel  and  school  lots  (113—5)  274 
—5 

payment  of  proceeds  (77)  275 
report  of  supervisor  (114)  274 
supervisors'  duties  (75—7)  274 

—5,  374—5 
— funds,     apportionment     (114 — 5) 

275 

grading  pupils  207 
grammar  209 

grants,  see  bequests;  school  moneys 
graphic    reproduction,     special    in- 
struction by  (160—1)  352 
guardians  8 
felonies  195 

fined  190—1,   193,    195.  364 
misdemeanors  195 
habitual  truants  194 
Herbesen,  Judge  q  218 
high  schools  (5)    8 
higher  education  defined  (6)  8 

in  constitution  7 
historical  associations,  incorporation 

(221)  419—20 
holidays  (281—2)   109,  267 
exercises  109 
religious  176 — 7 
schools  not  to  be  in  session  (107) 

267 

state  library  415 
Hoose,  James  H.  146—7 


450 


School  Law 


[hours 


hours  of  labor  of  minor   (292—3)  366 
of  school  170—1 

idiots,  asylum  for  401 

illness    136—7 

immorality  91,  140,  252 

in  loco  parentis  261 

incapacity  of  pupils  246 
of  teacher  132—3 

income  from  trust  fund,  accumula- 
tion of  (317—20)  433 

incorporation,  see  charters 

indebtedness,    see   bonded  indebted- 
ness 

Indian  collection  (220)  413 

— law  (31:1909)  q  (322)  413 

—  reservation,     apportionment    to 
(106)  266 

—  schools  (167—8)  404 
Indians 

compulsory    education  (168 — 73) 
185 

in  normal  schools  (152—3)  403 — 4 
indictment  131 

indorsement  of  diplomas  (132 — 3)  86 
industrial  schools  (162-5)  228-9,  344 

in  cities  358 

inspection  (86)  328 

supervision   by   commissioner   of 
education  (86)  404 

teachers  (86)  328,  329 
— drawing,  instruction  in  327 
—training   at   Cornell   396 

in  truant  schools  (130)  194 
infectious  diseases  245 
injuries  to  property,  penal  ties  (195)  30 
insanity  law  (32:1909)  q  (321)  417 
inspection 

by  boards  of  education  (66)  326 

by  commissioner  (87,   88)   405 

by  local  visitors  (87)  405 

by  school  commissioner  (82 — 3) 
385—6 

deaf   and  blind,    institutions  for 
(173—4)  247 

industrial  and  trade  schools  (86) 
404—5 


inspection,  continued 

libraries  (193)  29 

required  before  granting  right  to 
name  college   (226)   425 

university  institutions  (220)  418 
inspectors  of  election  (58)  320 

common  school  districts  (39)  41 
institutes,  see  teachers  institutes 
institutions  in  university  (220)  418 
insubordination,  pupil  253 

teacher  125,  133,  148 
insurance 

normal    schools    (151—2)    403 

school  library   (49,   63)   35,   73 

schoolhouses  (49,  63)  35,  73 

trustees  to  insure  school  property 

(27)  73 
janitor  work,    pupils   166,    167 

teachers  115,   166,   167,   276 
joint   districts,    see   schoo'l    districts 
judge,  see  county  judge 
judgment  for  teachers'  wages,  how 

satisfied  (27—8)  36—7 
kindergartens    (165—6)    172,    205 

temperance  law  202 
labor  certificates  187,  354 
—law  (36:1909)  q  (287—301)  185— 

98,  353 
— 'unions  358 

lands,    state    tax   on    (269—71)    59 
lantern  slides  342 
leasing  academies  333 
lectures,     extension,     regents     may 

designate     (218—9)     411—2 
left-handed     children     169 
legislature,    members    may    borrow 

from  state  library  (191)  415 
Lewis,  John  G.  226 
libel   138 — 41 
librarians  338 
libraries  (188—214,  321)  8,  27,— 35 

abolition  (198)  33 

advice  32 

apportionment  33 

books  33 


misdemeanors]         Index 


451 


libraries,   continued 
branch    (192)    28 
charters  (195,   221)   30 
commission  197 
establishment   (192—3)  27—9 
free  30 
fund  29,    33 
gifts   to    (193)    28 
inspection  (193)   29 
museum  collections  (194)  412 — 3 
neglect   (196)    31 
penalties,  for  detention  (195 — 6) 

31 

for  injuries  (195)  28,  33 

subject  to  return  to  state  (198) 

32,35 

reports  (192,  195)  30 
school  34,  197 
state  hospitals  (321)  417 
subsidies  .  (193 — 4)    28—9 
suspension  31 
taxes  (193,  194)  29 
town  417 
transfer  (196)  31 
transfers  to  state  library  (191—2) 

33 

traveling  (197)  32 
trustees   (194—5)   29,   32 

regents   may  remove   (196)  32 
See   also   public    libraries;    school 

libraries;    state   library 
library  commission  (197) 

—  fund  (194)   29,  33 

—  school  (197)  34 

licenses,     protection    against   fraud 

(226)  425—6 

See  also  teachers'  certificates 
limit  of  authority 

of  teacher's  power  236 
Lincoln's  birthday  155,  280 
liquors  sold 

by  children  under  16  197 

near   schoolhouse    (304 — 5)    22 

to  minors  under  18  198 
literature  fund  264 

application    of    moneys    (66)     7, 
335—7 


loans 

for  extension  work  (218)  411—2 

from  state  library  (192    196 — 7, 
219)  412,  415—6 

from  state  museum  (219)  414 
Lyons,  Judge  q  151 
Me  Adam,  Judge  q  37 
machinery,  repairs  to  (196)  185 — 98 
malice  of  pupils  253,   261 

of  school  commissioner  85,  89 

of  teachers  224 

of  trustees  127 — 45,   260—1 
mandamus   117—8,    142,    173,    252, 

260,  261 

Mann,  Horace,  q  152,  159 
manual  training  schools  (164)   329 
manuscripts 

on  file,  state  library  (190—1)  415 

removal  from  state  library  (191) 
415 

transfer  to  state  library  (192)  415 
maps,  district  to  vote  tax  for  (26)  27 

power  of  trustee  to  buy  278 

transfer  to  state  library  (192)  414 
married  women  79,    124 — 5 
Mathew,  Judge  q  228 
Maxwell,  Wm.  H.  140—1 
medical  library  (190)  415 
membership    corporation    law    (40: 

1909)  q  (308)  419 
memorial  day   (155)   280 
mercantile  establishments,    employ- 
ment in  (292—9)  187—98 
Miller,   George  Turner  389 
military  drill  at  Cornell  396 

excluded     from     public     schools 

(155)    280 

misrepresentation  124 — 5 
misdemeanors 

any  person  57,  72,  83,  155 — 6,  163, 
193,  278 

district  trustee  71,  81,  263 

guardian  195 

parent  195 

pupil    198 

supervisor  376 

teacher  99,   194,  200 


452 


School  Law 


[moneys 


moneys,  see  library  fund;  public  li- 
brary   money;    school    moneys 
monitors  267 
month,  school  108,   116 
morning  exercises  214 — 20 
Morrison,  Sup't  q  161 
Morrisville,  school  of  agriculture  at 

(245—7)  401 

mortgage,   security  for  site   (34)   23 
municipal  corporations  may  estab- 
lish   libraries    (192)    27—8,    417 

See  also  cities 
museums   (192)    8,    412—4 

collections  (194)  412 

incorporation  (221)  419 

municipal  corporation  may  estab- 
lish (321)  417 

penalties  for  detention   (195 — 6) 
31 
for  injuries  to  property  (195)  30 

reports  (195)  30 

See  also  state  museum 
music  166 
names  of  school  officers  43 

of  institutions,  change  (221)  421 

use  of  word  college  (226) 
Natural  history,  extra  copies  (191) 

412 

nature  study  297 
negligence  actions 

children  251 

trustees  37 
neighborhood  clerk  13,  44 

apportionment  270 

school   12 

apportionment  270 

trustee  49—50 
New   York  city 

law  q  267 

payment  of  moneys  to  (110)  270, 

337 
New    York  state  asylum  for  idiots 

401 

New   York  state  college  of  agricul- 
ture (240—2)  400 

normal  college  (153—4)  404 


New    York,  continued 
school  for  blind  (179—85)  250—1 
veterinary  college   (238 — 40)  399 
newsboys,  permit  and  badge  (299 — 

301)  364—6 
newspapers 

articles  by  pupils  163 

badge  364—6 

notices  in  required  277,  332,  347, 

349,  369,  399 
when  to  be  sold  by  children  364 — 

5 
non-resident 

owners  of  real  estate  56 
pupils  173,  338 

apportionment  for  tuition  (108 
—9) 

extra   pay  for   teaching   115 
tuition  (64,  138)  336 
normal    schools     (147—54)    401—4 
academic  department  403 
admission  requirements  (150)  402 
course  of  study  (149)  401 
diplomas  (150)  402,  406 

in  cities  357 

indorsement    (132—3)    86 
drawing  required  327 
grants    and    bequests    (152)    403 
Indian  youth  in   (152—3)   404 
industrial  drawing,  course  in  (161) 

327 

insurance  (151—2)  403 
local  boards  (148)  401 

defaulting    (150)    402 
physiology  and  hygiene,  instruc- 
tion in   (158)   203 

duties   of   principal    (159)    204 
policemen,  special  (151)  403 
.reports  401 
supervision   by   commissioner   of 

education  (86)  401 — 4 
teachers  (149)  402 
traveling  expenses  404 
Norton,  Judge,  q  161 
nuisances    386 
oaths,  power  to  administer 


physician] 


Index 


453 


oaths,  continued 

commissioner   of   education    (88) 
406 

school   commissioner    (81)    390 
observatories,    trusts  for   (313,   316) 

431 
officer   of    institution,  ineligible    as 

regent  (217)  410 
officers  of  university  (217)  410 

See  also  school  officers 
Onondaga  nation,  wampum  keeper 

(322)    413 
ordinances,  regents  may  make  (218) 

411 

orphan  schools  (166—7)   79,    173 
outbuildings,  see  water  closets 
outside  stairways  26 
paid  help  from  state  library  (197)  32 
paleontologist,    state    (219)    412 
papers,   see  manuscripts 
Pardee,  Sheldon  J.  134 
parent  and  teacher  222,  261 

child  punished  for  251 

not   to   get  child's  damages  262 

notified  before  expulsion  259—60 
parental  relation  (6)  8 

census  information  360 — 1 
parents,  disturbance  by  155 

felonies  195 

fines    190—1,   193,   195,  364 

misdemeanors  195 

refusal  to  give  information  364 
parliamentary  rules  18 
parties,   attending  163,    166,    261 
patriotic  exercises   (155)   279 
paupers,  education  of  172 
pawnbrokers    197 
pecuniary  fines,   pupils,   167,  225 
penal  law  (88:1909)  q  (283—7)  18, 

56—7,  71,  72,   155,  222—3,   263, 

282—3 

— provisions,     schools     and     school 
officers  (283 — 7)  (same  as  above) 
penalties  271 

children,     unlawful    employment 
(125)   190 


penalties,  continued 

commissioner  of  education,  re- 
gents or  other  school  officer, 
falsely  claiming  to  represent 

(117)  278 

fire  drills,  neglect  of  (155)  343 
forfeiture  of,  for  neglect  to  sue  for 

(118)  272 

fraudulent    credentials    (226—7) 

425—6 
for  injuries  to  property  (195)  30, 

167,  225 

neglect  to  sue  for  272 
notice  of  school  meetings,  failure 

to  serve  (24)  18 

school   officers,    refusal   to   make 
report  (22)   42 
refusal  to  serve  or  perform  duty 

(39—40)  42 

subpoena,  disobedience  of  (82)  391 
suits  for  (118,  119)  272 
supervisor's  refusal  to  give  bond 

(77—8)   375—6 

teachers,  failure  to  complete  con- 
tract (137)  123 

unqualified, payment  of  (134)  80 
teachers'  institutes,  failure  to  at- 
tend or  close  schools  (144)  110 
text-boks,  law  concerning  (139)  39 
trustee,  failure  to  account  (54)  282 
voters,   false   declaration  or  un- 
authorized vote  (25)  20 
See  also  fines 
Pendergast,  Rachel  229 
pension   fund    370 
pensions   138,   369 — 71 

petition  for  (134 — 5)  369 
personal  property,  bequests  exempt 
(320—1)  434 

law  (45:1909)  q  (312—5)  431— i 
persons  in  parental  relation  8 
Perth,   Prof,   q  236—7 
petitions  to  commissioner  of  educa- 
tion   (89—90)    141—5,    234,    382 
physical   fitness   368 
physician's  certificate  367 


454 


School  Law 


[physiology 


physiology   and    hygiene    (157 — 60) 
201—5,  330 

examinations   in    (133,    158)  203 
instruction  of  pupils  in  (49,   63) 

201—5,  330 
pictorial    reproduction,    instruction 

by  (160—1)  352 
pictures,    apportionment    for    (108) 

335—6 

pipe  line  companies  (277)  63 
playground,    authority   on    157 
police  and   census  359 

and  newsboys  366 
poll-list  in  common  school  districts 

(39)  41 

poverty  no  excuse   186 
Pratt,    Judge   q   210 
president    of    college    ineligible    as 

regent  (217)  410 
principals  may  punish  151,  223 
of  academies  ineligible  as  regent 

(217)    410 
fire  drills,  to  maintain  (155)  343— 

4 
prison  offences 

any  person  30,  31,  282,  283 — 4, 

364,  391,  426 
employer  190 — 1 
guardian   190—1,    193,    195,   364 
parent  19O—  1,  193,  195,  364 
pupil  168 

privileged  replies   138 
profanity  251,  253 
professional   schools    (6)    8 
professorships,  trusts  for  (313,  316) 

432 
property 

of  abandoned  district  library  (199 

—200)  33 

corporations  (309)  428 
extinct  (222)  423—4 
library,  control  by  regents  (196) 
30—3 
of  transferred  library  (196,  199, 

200)  31 

subject  to  return  to  state  (198) 
33 


property,  continued 

penalties  for  injuries  to  (195)  30 
school  district,  consolidated  (12) 

11 
See    also    gifts;    taxes;    trustees' 

trusts 

provisional  charters   (221)    420 
public   documents   part   of  state  li- 
brary (190—1)  415 

—  health   law  (49:1909)  q  (280—1 

337—8)  174—5 

—  holidays  (281—2)  267 

—  libraries  (192)  27—33 
abolition  (198)  33 

advise  from  state  library  (197)32 

apportionment  33 

delinquent  libraries  (196)  30 

forfeiture  of  state  grants  (196)  31 

formed  from  school  libraries  (196, 
200)  34 

free  to  residents  (195)  30 

gifts  to,  acceptance  of  (193)  28 — 9 

incorporation    (195)    418 — 9 

municipal  corporation  may  es- 
tablish (321)  27—8,  417 

penalties  for  detention  (195 — 6) 
31 

—  for  injury  (195)  30 

reports  (192,  195)  30 

school  library  property,  transfer 
to  (199)  34 

taxation  (193,   194)  29 

transfers  of  books  to  state  librai  y 
(191—2)  32 

trustees  (194—5)  29—32 

—  library  money 
apportionment     (197 — 8)    33 
forfeiture  of   grants   (196)   31—3 
return  to  state  (198)  32 

—  moneys  263,   406 
pupil  teachers  267 
pupils   (130—8) 

assigning  329 
fines  167—8,   198 
misdemeanors    198 
See    also    children;     nonresident 
pupils 


regents] 


Index 


455 


railroad  companies 

taxation  (99—100)   63 

apportioning  valuation  (277)  63 
Randall,   Sup't  q  214—5 
reading-rooms  (192)   8 

penalties  for  detention  (195-6)  31 
for  injuries  (195)  30 
real  property  law  (52:1909)q  (315— 

20)  431—5 
recess  170 

noon  157 
record   books,    teachers    responsible 

(134)   121 
records 

boards  of  education  (69)  346 
on  file,  part  of  state  library  (190) 

415 
removal  from  state  library  (191) 

415 

school  record  certificates  189 
teachers,    121,    188 — 9 
rejerence  books  of   abandoned   dis- 
trict libraries  (200)  34 — 5 
absences  (217)  410 
academic  departments  subject  to 

(69)  334 
academy,    aproval    of    adoption 

(68)  334 

abolished  libraries  33 
advice  to  libraries  "32 

may  charge  for  32 
apportion  library  money  33 
approve  books  for  libraries  33 
library  gifts  28 
transfers  34 
bylaws,  ordinances  and  rules  (218) 

411 

certify  libraries  29 
chancellor  410 

charters,  may  grant  (221)  420 
may  alter  or  repeal  (221)  421 
—  suspend  (22)0  418 
colleges  or  universities,    name  of 

(226)  425 

commissioner    of    education,    ap- 
pointment of  (85)  409 


regents,  continued 

constitutional  provisions  (265)   7 

corporations  418 — 29 

court  of  appeals  libraries  (200 — 1) 

417 

defined  (5)  8 
degrees  411 
departments  of  university   (219) 

412 

diplomas  425 
dissolution   of   institutions    (222) 

421 

duplicate  department   (191)   416 
education  extension  411 
election  (216)  409 

examinations,  may  establish  (218) 
411 

extension  work  411 

grant  charters  29 

higher  education  418 

incorporation  418 

ineligibility  (216—7)  410 

inspection   of   university   institu- 
tions (220)  29,  418 

institutions  in  university,    powers 
(220)  418 

libraries,   abolition  of,   duties  -re- 
garding (198)  27—35 
approval  of  transfer  (196)  31 
books  for,  may  buy  (197)  33 
charters,   may  grant   (195)   30 
gifts,    approval   of    acceptance 

(193)  28 

property,  control  of  (196)  28,  33 
reports,   to  submit   (195)   30 
for  state  hospitals  (321)  417 
trustee,   may  remove   (196)   32 

library,  state  412 

manuscripts  and  records  (190 — 1) 

415 
meetings  (217)   410 

quorum  (217)  411 
museum,  state  412 
name  of  college  425 
neglected  libraries  35 


456 


School  Law 


[regents 


regents,  continued 

no  "exofficio"  members  (216)  410 
number  (216,  265)  409 
oath  of  office  (217)  410 
officers  (217)  410 
penalty  for  falsely  claiming  to  re- 
present (117)  278 
powers  and  duties  (86,  216)  409 
—35 
elementary    and    secondary 

schools  (85)  393 
prescribe  library  rules  32 
quorum  411 

remove  library  trustees  32 
reports  of  libraries  30 
senior  regent,   powers  (217)   410 
state  library,  conrtol  of  (190)  412 
— museum  412 

—  normal  college  (153—4)  404 
suspend  libraries  31 
term  of  office  (216)  409 
testimony,  authority  to  take(217) 

411 

vacancies  in  office  (216)  409,  410 
to    be    reported    to   legislature 

(217)  410 
register,  employer's  355 

See  school  registers 
religious  control  7 
institutions  366 
instruction,  school  214 — 20 

theological  seminaries  (218)  411 
sects  at  Cornell  395,  396 
services  in  schoolhouse  219 
See  also  sectarian  schools 
removal 

attendance  officer  193 

regent  410 

school  commissioner  382 — 4,  389, 

391 

trustee  282,  325,  339 
repairs  71,  276—7,  331 
reports 

board  of  education  to  make  (69) 

88—9)  347 
commissioner  to   make   (87)   405 


reports,  continued 

county  treasurer  to  render  (110) 
270 

from   institutions,    before   appor- 
tionment (109)  336 

public  libraries  (192,  195)  30 

of  pupils  from  other  districts  (141) 
268 

school  commissioners   (83)    382 

school  library  (199)  30 

state  library  (192)  416 

—  museum  (219)  412 

trustees  (52—3)  281 

from  university  institutions  (220) 

418 
representing  candidates  426 

school  officers  278 
residence  173 
resignations,  district  clerk  to  notify 

trustees  of  (42)  43 
revoking  certificate  77,  83,  89—95, 

123,  203,  217,  387,  389,  406 
rhetorical  exercises  208,  210 
Rice,  Sup't  q  231 
Rockland  county  58 
Rockwell,  John  C.  383 
rooms  hired  330 — 1 
Ruggles,  Sup't  q  162,  167,  168,  183 
rules  and  regulations 

commissioner  392 

reasonable  165 — 6,  251 

regents  (216,  218)  409 

trustees  165—262 

rural   renewable    certificate   297—9 
St.  Lawrence  county  (277—80)  9 
university,   school  of  agriculture 

(242—3)  401 

sale  of  property  22—3,  332 
Saturday  holiday  110 
savings  banks  in  schools   (305 — 6) 

280 

scholarships,  trusts  for  (313,  316)  43 
school  age  (121—2)  172—3 

Indian  children  (168,  169)  185 

—  authorities  defined    (6)    8 

—  commissioner   (70 — 84)    381 — 91 


school  com'r] 


Index 


457 


school  commissioner,   cont'd 
accepts  resignations  390 
acts  may  be  appealed  from  (89) 

408 

affidavits,   may  take   (81)   390 
annul    certificate    89—95.    387 
appeal  cases  (81)  390—1 
apportionment  270 — 2 
arbor  day  (156)  205—6 
attendance  officers  371 
bank  stock  taxes  390 
boards    of    education,    may    call 

special  election  (59,  60)  319 

—  fill  vacancies  in  office  (65) 

52—3,  281 

boundaries  of  districts  385 
certificates  to  teach  82,  84—6,298, 

342,  386,  390 

endorses  86 

commissioner    of    adjoining    dis- 
trict, may  act  for  (81)  390 

must  act  with  10 
—  of  education,  subjection  to  and 

reports  to  (83 — 4)  382 
condemning    schoolhouses    387 
conflicting  business  forbidden  (84) 

382—3 
defined  (5)  8 

districts  (79,  304)  9—12,  381 
election  (79—80)  381 
examinations,  use  of  schoolhouse 

for  388,  389 
examiniug  teachers  82,  84 — 6,  298, 

342,  386,  390 
expenses  (81)  384 — 5 
fills  vacancies  390 
forfeiture  for  loss  (117)  272.  385 
furniture  386 
institutes  72,  387 — 9 
names  of  officers  377 
nuisances  386 
oath  of  office  (80)  382 
oaths,   may  administer  (81)    390 
office  continued  (79)  381 
penalties  for  neglect  269 
physiology  law  (159)  204 


school  commissioner,   cont'd 

powers  and  duties  (82-3)  385-91 
in  districts  under  special  acts 

(81)  391 

property  in  trust  (113)   273 
qualifications  (79)  381 
recommends  rules  148 
removal  (88)  383—4,  389 
repairs  386 
reports  382 
resignation  (80)  384 

accepts  school  officer's  42 
revoking  certificates  387 
school   districts  9 

accepts  resignations  42 
alteration  10 
apportionment  (13)   12 
approval  of  proceedings  (17)  322 
boundaries   10,   385 
condemning    schoolhouses    387 
designation  of  union  free  school 

districts  (16)  318 
dissolution  and  alteration  (9 — 

10)  9—12 
division   of    union   free    school 

districts  (17)  322 
fills  vacancies  53 
first  meeting  15 
formation  and  alteration  (7 — 9) 

9—12 

furniture  386 
indebtedness,  apportionment  of 

(11)  11 

joint  districts  (8)  9 
meetings,  approval  of  proceed- 
ings (17)  322 

effect  of  veto  (17—8)  322—3 
minutes  of  meeting  to  organ- 
ize union  school  to  be  filed 
with  (16)  322—3 
nuisances  386 

records,  may  order  district 
clerk  to  deliver  to  town 
clerk  (12)  11 

special,  may  call  (22,  23)  17 
to  give  notice  of  (21)  75 


458 


School  Law       [school  com'r 


school  commissioner,   cont'd 

school  moneys,  apportionment  of 
(111—2)  270—3 

certificate      of    apportion- 
ment   to  (110)  270 
—  neighborhoods  (18—9)  12, 
13 

—  officers,    may   accept   re- 
signation of   (40)   390 

—  trustees  reports  (141)  382 
school  houses,  condemnation     of 

(31)    24—5 

consent  to  change  site  (33)  21 — 
2 

estimates    of    erection    (31)    24 

—5 

separate  neighborhoods  12,   13 
special  acts  390 

subpoenas,  power  to  issue  (82)  391 
teachers,  examination  and  licens- 
ing of  (81,  133)  85—6 

retired,  may  require  services  of 

(136)  370—1 
teachers'    certificates,  may  grant 

and    revoke    (133)    82,    84—6, 

298,  342,  386,  390 
—  institutes,   duties    relating    ro 

(142—3)  72,  387—9 

may  order  payment  of  expenses 

(144—5)  388 
term  of  office  (80)  381 
training  classes,  supervision  (146) 

389 
•  trustee,  not  eligible  as  (37)  52 

may  fill  vacancies  in  office  of 

(40,   41)   390 
vacancy  in  office  (80)  384 

how  filled  (80)  380,  384 
visiting  schools  385 
water  closets  390 
—  district  (6—18,  79)  9—314 
alteration   (8—9)  10,   378 
apportionment    (107)    270 
bonded  indebtedness  (9)  10 
boundaries  (82)  385 
consolidated,  property  (12)   11 


school  district,  continued 

consolidation  (10)  11 

contracts  with  other  districts 
(140)  38 

descriptions  378 

dissolution   (9—10)    11,   12 

dissolved  district,   deposit  of  re- 
cords (12)   11,  378 
to   exist  for   finishing  business 

(12)  11 
sale  of  property  (12—3)  11,  12 

formation   (7—8)   9 
re-formation  (10)  10 

indebtedness,     apportionment    of 
(11)   12 
outstanding  10 

joint  districts  (7,  8)  9,  10 
dissolution  (8)  11 
formation  and  alteration  (8)  10 

meetings  (20—8)  15—40 

numbering  9 

separate  neighborhoods  12,  49 

special  meetings  16,  17 

trust  funds  (113)   273 — 5 

union  school  district,  reorganiza- 
tion as  common  school  district 
(16)  318,  321—2 

See  also  district  clerk;  district  quota; 
district  treasurer;  school  meet- 
ings; school  officers;  school 
trustees;  union  free  school  dis- 
tricts 
—  houses  29—37 

academies  333 — 4 

boards  of  education,  powers  (63) 
330 — 2 

bonds  (35—6,  103)  277 

branch  279 

condemnation  (31—2,  83)  23—4, 
331 

erection  (30,  31—2)  71—2 

exemptions  from  tax  for  building 
(97)  58 

fire  escapes  (30—1)  26 

for    colored    children    329 — 30 

fuel  (26,  64)  24,  338 


school  meetings]        Index 


459 


school  houses,  continued 

furniture  (26,  63,  64,  83)  24,  331, 

338 
hire,  purchase,  etc.  (26,  63)  330— 

1 

institutes,  use  for  (143)  389 
insurance  (27,  49,  63)  35,  73,  331 
location   (29)   22,   25 
outbuildings  (32—3)  71—2,  339— 

40,  390 

outside  stairways  26—7 
plans  must  be  approved  (29 — 30) 

25 
property  not  subject  to  taxation 

(63)  59 

title  vested  in  board  of  educa- 
tion (63)  332 

repairs  (26,  63,  83.)  71,  331 
—  and  appliances  .(5 1—2)  276 — 7 
sale  of  (33—4,  63—4)  71,  332 
school  district  meetings    held   in 

(22)  16 
site,  bonds  for  purchase  of  (103) 

277 

condemnation  of  land  for  (34 — 
5)  23—4 

consent  to  change  22 

for   industrial   schools   328 

designation     (26,     33)     21—4, 
330—1 
without  vote  (33)  331 

purchase   (63)    22,   330 — 1 

requisites  for  change  of  (33)  22, 
331—2 

sale  of    (33—4,    63—4)    22—3, 
332 

taxes  and  bonds  (35 — 6)  24 — 7 

title  to  lands  (35)  332 
taxes  (26,  30,  31,  32,  35—6)  24, 

27,    345 

temporary    or    branch    (52)    279 
use,   for  examinations   (31)    72 

out  of  school  hours   (31)   72 
waterclosets  (32,  65)  71—2.  339, 

390 
See  also  taxes 


school  libraries  34 — 5 

abandoned  (199 — 200)  34 
apportionment  to  (108—9)  33,  35 

may  be  withheld  (200)  33 
authority    to   raise   money    (199) 

34 

establishment  (192)  34 
existing  rules  continued  (199)  34 
insurance  (49,  63)  73 
librarian    (64.    198)    34 
property,   transfer  to  free  public 

library  (199)   34 
public  libraries  formed  from  (196, 

200)  35 
reports   (199)    34 

school  commissioner  to  examine 

(83)    385 
tax  for  establishment  of  (26)  28 

9 

transferred  (200)  34 
trustee  may  not  be  librarian  (37) 

34 

use  and  care   (198 — 9)   34 
—meetings  (20—8)   15—40 

acts  may  be  appealed  from  (89) 

408 
annual    of    boards   of   education 

(60)  325—6 

of  districts  re-formed  (23)  323 

notice  of  (21)  15 

time  and  place  of  (21 — 2)    16, 

321 

dissolved  district,  in    (12)  11 
division  of  union   school   district 

(10—11)  321—2 
duty  to  attend  (24)  18 
first,  notice  of  (21)  15 
joint  district,  special  meeting  (8) 

10 
neighborhood     meetings     (18 — 9) 

13 
notice,  effect  if  not  given  (23)  17 

penalty  for  failure  to  serve  (24) 

18 
place  16,  321 


460 


School  Law    [school  meetings 


school  meetings,  continued 

schoolhouses,  designation  of  site 
(33)  21—4,  330—1 
to    consider    erection    of    (31) 

71—2 

sale  of  (33)  22—3,  332 
special    meeting,    call    by    school 
commissioner  (23)   17 
in  common  school  districts  (22) 

17 
in  union  free  school  district  (23) 

319 
to  transact  business  of  annual 

meeting  (22)  16 
taxes,  power  to  vote  (35—6)  24— 

37 

text-books,  to  designate  (139)  39 
union  school  districts,   establish- 
ment (13 — 4)  315—8 
dissolution    and   reorganization 

(16—8)  321—3 
establishment,     proceedings    of 

(15)  321 

voters,   qualifications   (24)    18 — 9 
See  also  boards  of  education 
—   moneys    (104—13)    264—75 
apportionment,  certificate  of  (110) 
270 
certifying  and  paying,  manner 

of  (109—10)   270 
to  cities,   academies,   academic 
departments     and     libraries 
(108—9)  334—7 
by   commissioner  of  education 

(105—10,     144)    266—9 
by   school   commissioners    (13, 

111—2)   270—5 
conditions   for   cities   and   dis- 
tricts (107)  266—7 
errors    corrected    ~by    commis- 
sioner of  education  (106)  269 
for  industrial  and  trade  schools 

(164)  328—9 
to   union   school   districts   and 

cities  (112)  267,  334—7 
when  payable   (110—1)   270 


school  moneys,  continued 

withheld    for    physiology    law 

(158—9)  203—4 

boards  of  education  may  borrow 
(65)  340 

reports  on  (69)  346 
collector's  bond  for  45 
comptroller  may  withhold   (112) 

273 

custody  of  (45—6)  46—7 
deposit,  in  cities  and  villages  (66 

—67)  351—2 
disbursement,       by      supervisors 

(74—6)  371—2 

by  treasurer  46 

how  made  (43)  46 

of  dissolved  district  (17,  18)  12 
estimates  by  commissioner    (87) 

405 
expenditures,    estimates    of    (70) 

344—5 

limitation  upon  (66)  346 

vote  on  (36)  345 

to  be  by  ballot  (28)  k  0 
forfeiture    when   lost   by   neglect 

(117—8)  269 

liability   of    collector,  lost  (46)  46 
7 

lost  or  embezzled,  tax  for  (27)  36 

notice  of  non-payment  (54)   283 

payment  by  trustee  to  successor 
(54)  283 

to  unqualified  teachers  prohib- 
ited (134)  80—1 

proceeds  from   dissolved   district 
(12—3)  11 

supervisor's  bond  for  (77—8)  372 
—3 

supervisors  report  to  school  com- 
missioners (78)  376 

teachers'  fund,    collector   to    dis- 
burse (44)  45 

treasurer  custodian  of  (42 — 3)  46 
bond  for  48 

trustees,  report  on  (53 — 4)  282— 
4 


school  trustees]         Index 


461 


school  moneys,  continued 

right  of  action  against  predeces- 
sor (54)  283 

withholding,  by  commissioner  (88) 
•  406 

for  compulsory  education  (130) 
192 

—  teachers    institutes  (144) 
110—1,  389 
See  also  bonds;  taxes 

—  neighborhoods  (18—20)    12 — 4 
apportionment  to   (106)   270 
clerk  and  trustee,  duties  (20)  13, 

44,  49—50 
meetings  (18 — 9)  13 
setting  off  (18—9)  12 

—  officers  (37 — 41)   41—50 
actions  against   (118 — 9)   36 

costs  in  (118)  37 

expenses  in  defending  suits,  tax- 
es for  (27)  36—7 
acts  may  be  appealed  from  (89) 

408 

election  (25,  39)  40 
penal  provision  relating  to  (283- 

7)  42 
penalties,  neglect  to  sue  for  (118) 

272 

for   falsely   claiming   to   repre- 
sent (117)  278 

—  being  interested  in  contracts 
71 

—  refusal  to  serve  or  perform 
duty  (39—40)  42 

qualifications  (37)  41 

refusal  to  serve  42 

removal  (88)  42,  281 

reports  required  of  (22)  43 

resignation  42 

school  libraries,  may  borrow  books 

(198)  34—5 
term  of  office  (38)  41,  42 

length  of,  when  elected  at  spe- 
cial meeting  (22)  42 
trustees  may  not  hold  office  of 

(37)  52 


school  officers,  continued 

vacancies  in  office  (40)   281 

how  filled  (40—1)  281 
See  also  collector;  district  clerk; 
district   treasurer;    school  trus- 
tees 

—  record  blanks  189 
certificate  188 
record  of  189 

—  register,  verification  of  (134)  121 

—  trustees  (46 — 54)  49 — 286 
account   books,    to    provide    (51, 

52)  276 
actions  by  (302:1897)  q  (282—3) 

286 

against    predecessor    (54)    283 

costs  in   (118,    120—1)   36—7, 
284—6 

may    be     appealed    from   (89) 

408  and  teachers  148—56 

apparatus,  expenditures  for  (51) 

278 
application  of   moneys  by   (115) 

264 
appoint  librarian  34 

library  trustees  35 
assent  to  alteration  10 
ballot  boxes,  to  provide  (39)  41, 

320 

blank  books  276 
board,  action  as  54 
boards  of  education  have  powers 

of  (67-8)  326 
body  corporate  (47)  53 
bond  (115)  275 
bonds,  issue  of  (103)  277 
call  special  meetings  16,  17 
cannot  hire  himself  78 

or  school  commissioner  79 
collector,  to  deliver  bond  to  (43 — 
4)  45 

in  default,  remedy  against  (46) 
compulsory  law  185 — 98 
conclusions  of  two  valid  (47)  54 
concurrent  authority  161 


462 


School  Law    [school  trustees 


schoo.  trustees,  continued 
condemnation  of  land  for  school- 
house  sites  (34)  23 
contract  for  building  25 — 7 

for  conveyance  39 

with  other  districts   (140)   38, 
I        268—9,  338 

conveyance  of  pupils  (28)  38,  186 
corporal    punishment    221 — 41 
corporation  53,  117 
course  of  study  199 — 220 
de  facto  75 

designate  place  of  meeting  16 
disbursements,    may    order    (43) 

263—4 

of  teachers  fund    (44)    263—4 
dismissing  teachers  127 
election  (38—9,  56,  57)  41—2 

in     common     school     districts 

(25)  41—2 
expulsion  242—62 
extent  of  authority  157 — 64 
family,  only  one  in  52 
fines  39,  81 
fire  drill,  duties  relating  to  (156) 

343 

fire  escapes,  construction  (31)  26 
forfeiture  of  amount  of  moneys 

lost  by  neglect  (117)  272,  282 
give  orders  for  payment  48 
hiring  teachers  74 — 147 
hours  of  school  170 — 1 
ineligibility  37 

insuring  property   (27)   35,   73 
janitor  work  115.  167,  276 
meke  tax  list  8 
meerings  (47)  54,  75 
Set  also  school  meeting 
misdemeanors  71,  81,  263 
must   sustain    teachers    132,    254 
neglect  of  duty  (39)  52 
neighborhood  trustee,  report  (20) 

13 

non-resident  pupils  173 — 4 
not  to  be  interested  in  contracts  71 
nuisances,  abatement  (83)  386 
number  (38—9)  41—2,  51,  75 


school  trustees,  continued 
change  in  (62)  51 
outbuildings  71 — 2 
outside  stairways  27 
payment  to  successor  (54)  283    ! 

to  treasurer  48 
pecuniary  fines  167 
penalty  for  failure  to  account  (54) 

283 

for     payment     of     unqualified 
teacher  (134)  80—1 

—  refusal  to  serve  52 
physiology  law  (159)  201—2 
powers  and  duties  (48 — 51)  55 — 

286 

mode   of   exercise   of    (47)    54, 

75—6 

privies  71 — 2 
property  held  by  (47)  72 

in    trust    for    common    schools 

(113)  273—5 
qualifications  52 
raise  money  for  wages  36 

to  pay  judgment  37 
recover     collector's     balance    47 

forfeits  47 
refusal  to  serve  (39)  52 

from  office  52 
repairs  276 

report  of  pupils  from  other  dis- 
tricts (141)   268—9 
reports     (52—3,     84,     141)      17, 

276 

rules  148—262 
sale  of  property  22 

mortgages  on  23 
school     districts,      alteration     of 

(8—9)   10 

consent  to  dissolution  (9)  10 

dissolved,  to   settle    unfinished 
business  (12)  11 

division    of    union   free    school 
districts  (10—11)  322 

notice  of  meetings  (14)   316 
to  organize  union  schools  (15) 
315—6 


state  library] 


Index 


463 


school  trustees,  continued 

union  school  district  (13)   315 

—  house,  abatement  of  nuisances 
(51)  386 

care  of  (51)  72 
contract  for  building  (32)  71 
furniture  (83)  24,  331,  338 
may  grant  use  of   (31)   72 — 3 
not  to  levy  tax  for  unless  plans 

approved    by    commissioner 

(30)  25 
outbuildings,     provissions     for 

(32—3)    71—2 
repairs  and   appliances,   duties 

concerning    (51—2,    83)    71, 

276—7,  331 

—  houses  or   site,   execution  of 
deed  for  sale  of  (33—4)  22—3, 
332 

to  sue  for  money  unpaid  upon 

security  (34)  23 
to  take  security  for  sale  (34)  23 

—  libraries,  librarian  (198)  338 
—  meetings,  annual  place  of  16 

special,  may  call  (22)  55 

to  consider  building  school- 
houses  (31)  17—8 

—  moneys,   (42—3)  263—5 

—  officers,  vacancies  (40—1)  281 
sole  trustee,  powers  and  duties 

(47)  53—4 
subpoenas  391 
suspension  242 — 62 
tax  list  (101—2)  66 

and  warrant,  delivery  to  town 

clerk   (103)   55—70 
taxation  for  expenses  (54)  36 — 7, 

284—6 

taxes,  for  cei  tain  expenses  (120 — 
1)  36—7 

suits  for  recovery  of  (101)  67 

teachers,  contract  with  (137)  147 

relationship    to    (137)    77 — 8 

in  union  schools  76 — 7 

substitutes  135 

wages,  to  raise  money  for  (27, 
28)  264 


school  trustees,  continued 

teachers'  institutes  (144)  110 — 1, 

389 

report  on  (144)  281,  388 
temporary  or  branch  schoolroom 

(51)  330—1 
terms  of  office  (38,  56,  57)  51,  53 

of  school  73,  74 
treasurer  to  deliver  bond  to  (43) 

48 
vacancies   in  office  (40)  51,  52 

action  in  case  of  (47—8)  53,  54 

how  filled  (40)  53 
vacc^^.Ion  174 — 5 
water  closets  71—2 
written  contracts  100 — 2 
See    also    boards    of    education; 

taxes 

scientific     associations,    iincorpora- 
tion  (221)  419 

—  collections,    made    by    museum 
staff  (219)  413 

of    birds,    birds'    nests   and    eggs 

(322—3)  414 
temperance  law  201 — 5 
seal  of  commissioner  86 — 7 
searching  pupils  167 
sectarian  defined  217 

instruction  214—20 

schools,  aid  to  265 
separate  neighborhoods  12 — 14 
sewer  systems  for  colleges  (229—31) 

430 

Sherman,  Judge  q  167 
sites,  see  schoolhouse  site 
special  acts  (72)  326 
specimens,   to  state  museum    (192) 
Spencer,  Sup't  q  162,  214—5 
stairways,  outside  26 
state  botanist  412 

—  certificates  291,  304—7 
in  cities  201,  357 
endorsement  of  132 — 3 

—  entomologist  412 

—  geologist  412 

—  lands,  taxes  on  (269—71)  59 

—  library  414—7 


464 


School  Law         [state  library 


state  library,  continued 

advice  and  instruction  from  offi- 
cers (197)  32 
borrowers  (191)  415 
how  constituted  (190)  414 
department    of    university    (219) 

412 

duplicate  department    (191)   416 
hours  of  opening  (191)  415 
loans  (192,  196—7,  219)  415 
manuscripts  and  records  (190)  415 
receipts  from  sales  used  for  (191) 

416 

reports  (192)  416 
subject  to  regents  (190)  412 
transfers  from  state  officers  (191 — 
2)  416 

—  medical  library  (190)  415 

—  museum  (321)2)  412 — 4 
collections  made  by  staff  (219)  413 
how  constituted  (219)  412 
department    of    university    (219) 

412 

Indian  section  (220)  413 
loans  from  (219)  414 
reports  (219)  412 
transfers  to  (192)  416 

—  officers  392 — 435 

may   borrow   from    state    library 

(191)  415—6 
transfers  of  books,  etc.    to   state 

library  (191—2)  416 

—  palfontologist  412 

—  publications  416 

certain,   in  regents  charge   (191) 

416 

extra  copies  (191)  416 
on  file,  partof  state  library  (190 — 

1)  416 
proceeds  of  sales  (191)  416 

—  schools  of  agriculture     (240 — 7) 
400 

Cornell  college  of  400 

—  treasurer,  payment  by  (109)  33, 
59,  393 

stock  corporations  (308—9)  418—26 
dissolution  (222)  421 


street  trades,  employment  in  (299 — 

301)  196 — 8 
subpoenas,    school  commissioner   to 

issue  (82)  391 
subsidies,  library  (193—4)  29 

restrictions  on  (265)  29 
substitute  teachers  135 
suits,   see  actions 
superintendent  of  schools  151 

physiology  law  (158—9)  203 

pictorial  instruction  (161)   352 

teachers  schools  or  classes  (147) 
341 

in  villages  (65—6)  340 
supervision  quota  (105,  107)  266 
supervisor  (74 — 8)  371 — 5 

accounts  372,  378 

apportions  assessment  57 

bank  stock  62 

bond,  for  school  moneys  (77)  372, 
375,  378 

refusal  to  give,  consequences  of 
(77—8)  375—6 

certificates  of  apportionment  377 

commissioner  district,  may  divide 
(79)  381 

costs  in  actions  against  (118 — 9) 
36—7.  284—6 

deaf  and  blind,  duties  relating  to 
(175—7)  248 

decisions  may  be  appealed  from 
(89)  408 

dissolved  district  11 — 2 

district  boundaries  10 

duties  (74—7)  371—5 

equalizing  assessments  375,   377 

fees  (13,  303—4)  10,  62,  377 

fines  20,  376 

gospel  or  school  lots  (114)  373 — 5 

misdemeanors  376 

pays  public  money  to  treasurer  48 

property  in  trust  (113)  373 — 5 

railroad  valuation  63 

renewal  of  warrant  64 

report  of  county  treasurer  46 

—  to  county  treasurer  376 


taxes] 


Index 


465 


supervisor,   continued 

school    commissioners,     expenses 

(81)  384—5 

may  increase  salary  (80 — 1)  384 
school  districts,  alteration  (9)  10, 

373 

application  of  proceeds  of  sale 
of  property  (12)  11 

sale   of   property   of   dissolved 

district  (12)  11 
school     moneys,     apportionment 

(112)  272 

payment  371 — 2 

report  to  school  commissioners 

(78)  376 
sue  for  money  due  (13)  12,  374 

for  penalties  20,  373 
tax  rate  44,  62 
taxes,  unpaid,  collection  of  (102) 

67—9 

levy  of  (102)  375 
teachers  pensions,  payment  (136) 

370 

town  assessment  rolls  56 
treasurer   to   demand    money   of 

(43)    371—2 

trustee,  not  eligible  as  (37)  52 
trustees  not  to  draw  on  unless  re- 
cord is  verified  (134)   121 
unpaid  taxes  68 
vacates  office  of  trustee  51 
valuation  of  taxable  property  (93) 

56—8 
supreme   court,    control   over   gifts, 

grants  and  devises  (315)  431 
libraries  (201—14)  417 
suspension  186,  206,  208,  242—5 
tardiness  165—7,    179—80 
tax  law  (62:1909)  q  (265—80,  308— 

9,  320—1)  59—63 
tax-list  55 

amendments  (98)  65 

filing  with  town  clerk  (103)  69 — 

70 
transmission  to  county  treasurer 

(102)  68 


tax-list,  continued 

trustee  to  make  out  (48)  55 
taxes  (90—103.  265—80)  27—9,  55 
—70 
for  apparatus  and  textbooks  (26) 

27 
appeal  on  refusal  to  levy  for  costs 

in  actions  (119—20)  37 
assessment  (91—2)  55 — 63 

apportioned  55 

equalizing  375 

of  state  lands  in  Dannemora 
and  Wawarsing  (94 — 5)  58, 
59 

of  vacant  land  (93—4)  57 
banks  (271—6)  61—3,  375 
boards  •  of    education    may    levy 

without  vote  (70)  345 
— may  borrow  for  340 
certification  by  trustees  (101 — 2) 

68 

collection  (276)  63—70 
collector,  fees  (99)  47 

jurisdiction  of  (98)  64 

notice   (98—9)   65 
corporate  authorities  to  levy  (71) 

351 

corporations  56,  57 
costs  in  actions  (118)  37 
equalization  within  joint  districts 

(93)  57,  375 
exemptions  from  (265 — 9)  59 — 61 

tax    for    building    schoolhouse 

(97)  58,  59 
forest  preserve  59 
levying,  vote  to  be  by  ballot  (28) 

20 

libraries  (193,   194)   28—9 
money  for  teachers'  wages  (69)  27 
nonresident  pupils  (138)    174 
outbuildings,   provisions  for  (32, 

33)  71—2,  339,  390 
penalty  for  false  statement  57 
personal  property  56 
persons  working  land  on  shares 

(96)    58 


466 


School  Law 


[taxes 


taxes,  continued 

powers  of  meetings  to  vote  (35)  27 
property,  of  absentee  owners  (96) 
57 

to  be  assessed  (92)  56 
railroad  companies,  notice  to  (99 

—100)  47,  63,  65 

payment  by  (100)  47,  66 
real  estate  unoccupied  56,  57 

valuation  375 
record  book   (27)   276 
replace  moneys  lost  (27)  36 
St.  Lawrence  county  (277 — 80)9 
school  library   (26,    199)   27—35 
school   property   not   subject    to 

(63)  332 
schoolhouses  (26,  30,  31,  32)  27 

sites  (26)  24,  27,  345 
state  lands  (269—71)  59 
suits  for  recovery  of  (101)  67 
supply  deficiencies  (27)  35 
teachers'  pension  fund  (136)  370 

—1 
teachers'  wages  (50)  36 

payment  of  deficiency  in  (27)  36 

to  pay  judgments  on   (27 — 8) 

36—7 
tenants'    right  to  charge    tax    to 

landlord  (97)  58 
textbooks,  for  purchase  of  (139) 

330 
transfer  tax  on  devises  (320 — 21) 

434 

trustees,  expenses  of  (54)   284 
unpaid,  collection  of  (102 — 3)  67 
—9 

levy  by  supervisors   (102)   69, 
375 

return  by  collector  (101)  67 
valuation,  ascertainment  of  (92) 

56 

power  of  trustees  to  determine 

(92—3)  56^-8 
vote  on  (36,  70)  20 


taxes,  continued 

warrant,  for  collection  of  (97)  63 
filing  with  town  clerk  (103)  69 
renewals  of  (98)  64 
teachers  (130—8) 

age  77 

annulment  of  certificates   89 — 95 

attendance  at  institutes  (107,  144) 
268 

bankruptcy  91,  131 

contract  with  (137)  74—147 

dismissal  (138)   123—47 

employment   (49,   64)    74—147 

examination  and  licensing  of  (81  r 
83)  82—99,  287—312 

fines  121,  125,  234,  235,  330,  344 

fire  drill,  to  maintain  (155)  343 

forfeiture  121 

fund,  collector  to  disburse  (44)  46 

indebtedness  of  91,  131 

Indian  children,  record  of  attend- 
ance of  (170 — 1)  185 

institute  week  94,  110—1,  388—9 

insubordination  133 — 4  148 

kindergarten    (165—6)    172,    205 

librarian  34 

limit  of  power  236 

may  not  expel  245 

—  usually  suspend  242 

minors  77 

must  verify  entries  121 

misdemeanors  99,   194,  200 

not  a  public  officer  149 

pensions,  petition  for  (134 — 5)  369 

physiology  and  hygiene,  examina- 
tions in  (133.   158)   203 

primary    and     grammar    schools 
(131—2)  357 

qualifications  (131)   82—99 

quota  (106)  266 

district  entitled    to    (107,    140) 
267 

record    of    attendance,     to    keep 
(125)  121,  188—9 
books  (134)  95,  121,   1<3 
verification  of  (134)  121 


theatres] 


Index 


467 


teachers,    continued 

recourse  when  defied  155,  255 

registers  of  (87—8)   170,  377 

reports  34 

retired  369 

school  libraries,  may  borrow  books 

from  (198)  34 
schools  for  colored  children  (185) 

329 

superannuated  370 
trustees  make  rules  165-222 
must  sustain  132,  254 
relationship  to  (137) 
verification  of  entries  121 
wages,  apportionment  of  moneys 
for  (105,  112)  266—7 
expenditures  for  (70,  74)  36 
payment  of  (111)  77,  116 — 7 

by  trustee  (49—50)  264 
not  to  be  paid  until  record  is 

verified  (134)  121 
paid  during  institutes  (143)  110 
payable    as    often    as    monthly 

(138)  116 
time   of    payment   in   contract 

(137)   116 
payment  to  unqualified  teachers 

prohibited  (134)  80 
tax  for  (27—8,  50.  69,  70)  36 
See  also  training  schools  and  class- 
es 
—  certificates 

commissioner  of   education  may 

grant  (132—3)   82—9 
commissioner's    power    to    annul 

(87,  132(  89 — 95 

examination  for   (132 — 3)    82 — 9 
dishonesty  in  83,  89 
in  cities  88 

indorsement    (132 — 3)    86 — 7 
revocation    by    commissioner    of 
education  (87,    132)89—95 
by    school    commissioner    (83 

133)  89—95 

for    failure    to    complete    con- 
tract (137)  123 


teachers'    certificates,    cont'd 

for  failure  to  attend  institute 

(144)  94 
for  refusal  to  teach  physiology 

and  hygiene  (158)  203 
school   commissioner   may   grant 

(83,   133)  82,  84—86.  298 
temporary  (133)  88 
for  training  class  students  (146) 
390 

—  institutes   (141—5)   267—8,  388 
—9 

attendance  at,  penalty  for  failure 

of  (144)   110—1,  389 
commissioner  of  education,  duties 

(141—2,  145)  267 
expenses,    payment   of    (144 — (c 

388—9 

physiology  and  hygiene,  instruc- 
tion in  (158)  203 
school  buildings  used  for  (143)  389 
—  commissioners,      duties     (142 

—3)  388—9 
schools    closed    during    (143 — 4) 

267—8 
vocal  music,  instruction  in  (162) 

328 

—  licenses,  see  teachers'  certificates 
technical  schools  (6)  8 

See  also  industrial  schools 
telegraph    companies,    apportioning 

valuation  (277)  63 
telephone    companies,    apportioning 

valuation  (277)  63 
temperance  law  330 
testimony,    authority  of   regents   to 

take  (217)  411 
text-books  (138—9)  206 

boards  of  education  to  designate 

(63,  138—9)  39,  206 

changes  in  (139)  39 

district  to  vote  tax  for  (26)  27 

free,  in  union  school  districts(139) 
27,  39 

on  physiology  (158)  203 
theatres  196,  197 


468 


School  Law 


[theological 


theological  seminaries  exempt  (218) 

411 
tobacco,  use  of  168 

cigars 

cigarettes 

towels  in  school  169 
town  369 — 79 

—  assessors  56,  62,  63,  379 

—  auditors  372,  378 

—  board  275,  369,  371,  374 

—  clerk  (72—3)  377—8 
addresses  of  school  officers  43 
bonds  of  collectors  45 
certificate  of  apportionment  377 
certified  valuation  63 

change  of  boundaries  10 

collector's  bond  (44) 

dissolved  districts  11 

distributing  blanks  377 

district  boundaries  9,  10 

duties  (72—3)  377—8 

expenses  379 

fees  (13,14)  10,  45 

forfeiture  of  moneys  (117)  269 

railway  valuation  63 

records  377 

school  commissioner's  oath  379 

school  districts  altered  (9)  378 

decision  filed  (9)  10 

description  filed  (8)  9 

minutes  filed  (16)  318 

records  filed  (12)  378 
school  moneys  378 
supervisors'  accounts  372 — 3,  378 
tax  list  filed  (103)  69,  378 
teachers,   retired   list   (136)    170, 

377 
trustees  report  377 

—  law  (63:1909)  q  (303—4)  377 

—  libraries  (192)  417 

—  meeting  369,  373 

—  property  in  trust  (113)  273 — 5 
township  system  9 

in  villages  353 
trade  schools   (162—5)   328—9 


training  schools  and  classes  (145 — 7) 
341—2,  389—90 

apportionment  for   (112 — 3)   342 
physiology  and  hygiene,  instruc- 
tion in  (158)  203 

transfer  of  libraries  (196)  31,  416 

—  tax   on    devises    and    bequests, 
exemptions  (320—1)  439 

traveling  libraries  (197)  32 
treasurer,  see  district  treasurer 

*r«an£schools  (128—30)    186,    194, 
240 

truants,   arrest  of   (127 — 8)    194 — 5 
in  Indian  schools,  arrest  of  (171) 

185 
trust  fund,  accumulation  of  income 

(317—20)  433 
trustees 

of  academy,   may  dissolve  acad- 
emy (223)  422—5 
boards  of  education  have  powers 

of  (67-8)  334 
defined  (6)  8 

of  corporations   (310)   427—9 
public   libraries  (194—5)   29—30 

regents  may  remove  (196)  32 
school,  see  school  trustees 

—  of  university  institutions  426 — 32 
absences  from  meetings  (228)  427 

—8 
degrees     and     credentials,     may 

grant  (229)  429 
elections  (228)  427 
executive  committee  (227)  427 
ineligible  as  regent  (217)  410 
meetings  (227)  427 
no  compensation  (229)  429 
number  and  quorum  (227)  427 
officers  and  employes  (229)  428 
powers  (227—9)  426—9 
property,  control  of  (228 — 9)  428 
—  holding   (228)    428   >    ,  .  ,-g 
removals  and   suspensions   (229) 

429 


vice-chancellor]         Index 


469 


trustees    of    university    institutions, 

continued 

rules,  may  make  (229)  429 

seniority  (227)  427 

vacancies   (228)   427 

women  eligible   (228)   428 
trusts  for  schools  (113—5)  273—5, 

432 

authorized    (312—7)    273—5 

control  and  supervision  (114)  273 
—4 

limitation  of  bequest  (311—2)  433 

report  of,  to  commissioner  of  ed- 
ucation  (114)   274 

See  also  bequests;  gifts 
tutor  cannot  recover  77 
union  free  school  districts  8 

alteration  11 

annexation  to  10 — 1 

apportionment  to  (105)   266 

board  of  education  to  control  (64) 
333 

boundaries,  alteration  of  (9)  10 

clerk  (44)  342,  348 

collector  (45)  348 

deposit,  of  moneys  (66—7)  345—6 

dissolution  (10)  321—3 
restriction  (16)  322—3 

division,  of  dissolved  district  (17) 
323 

of  district  containing  two  incor- 
porated  villages    (10)    349 

establishment    (13 — 4)    315 — 8 

laws  applying  to  (72)  326 

meeting,  regarding  reorganization 
(16)   318,   321—2 
of  two  or  more  districts  (14 — 5) 
349 

proceedings  of  meetings  to  form 
(15—6)  315—8 

school    districts,    for    apportion- 
ment (112)  267 

special  meetings  (23)  347 

supervision  by  commissioner  (88) 
347,  406 

treasurer  (45)  345—6,  348 


See  also  boards  of  education; 
school  disticts;  school  meetings; 
school  trustees 

—  schools,  academic    departments, 

see  academis  departments 
United  States  deposit  fund  (197)  7, 

33,  264, 
universities  (5,  6)  8,  425 

incorporation    (221)    418—8 
university,  denned  (5)  8 

extension  8 

use  of  name  (226)  425 

—  of  the  state  of    New     York    (5; 
214—31)  8,  409 

corporate  name  and  objects  (215 
—6)  409 

departments  (219)  418 

government  (216)  409 

in  constitution  (265)  7 

institutions  in  (220)  418 

powers  (215—6)  411—35 

See  also  regents 

seal  395 
vacancies  in  office 

boards  of  education  (64 — 5)  325 

clerk  281 

collector  281 

regents  (216)  410 

school  commissioner  (80)   384 

school  officers  (40—1)  281 

treasurer  281 

trustee  (40,  48)  52—3 

of  university  institutions   (228) 

427 
vacation  109,  113 

—  certificates  354 
employment  of  children  187,  353 

vaccination  of  school  children  (280 — 

1)   174—6,  246 

report  on  (53)  175 
ventilation  of  schoolhouses  (29 — 30) 

25—6 

veracity  134,  187,  353 
veterinary  college  (399 — 400 
vice-chancellor  of  university  (217)  410 

powers  (217)  410 


470 


Index 


[villages 


villages  349—56 
bonds  353 
deposit,  of  moneys  in  (66 — 7)  349, 

352 

distinctive  features  349 
incorporated,    division    of    union 
free  school  district  containing 
(10—1)  349 
libraries  (192)  352 
superintendent  of  schools  (65)  340 

—1 
taxes,    corporate    authorities    to 

levy  (71)  351 
teachers     training     schools     and 

classes  (147)  353 
union  school  districts  in,   notice 

of  organization   (14)   349 — 50 
Vincent,  Judge  q  244 
visitation  of  schools,  see  inspection 
visitation  of  schools  405 

by  commissioner  of  education 

405 

by   school   commissioners 
visitors  of  schools  405 
visual  instruction  (160 — 1)  352 
vocal  music,  instruction  in  (162)  328 
voters 

challenges  (25)  20 

fines  20 

penalty    for    unauthorized    vote 

(25)  20 
powers  (25—28)  20—40 


voters,  continued 

qualifications  (14)  18 — 9 

at  district  meetings  (24)  18 — 9 
wages,  see  teachers  wages 
wampum  keeper  of  Onondaga  nation 

(322)  413 
warrants 

for  collection  of  taxes  (97 — 8)  63 

comptroller's,  for  payment  (109) 
270 

filing  with  town  clerk  (103)  270 
Washington's  birthday,   observance 

in  public  schools  (155)  279 
waterchsets  (32,65)  71-2,339-40,  390 
water-works,  colleges  may  construct 

(229—31)  429—30 
Washington's  birthday  280 
Wawarsing,    assessment   for    school 

purposes  of  certain  state  lands  in 

(94—5)    58 
Weaver,  Sup't  q  169 
Wisconsin  decision  208 — 10,  212 
witnesses s,  subpoenas  to  compel  at- 
tendance of  (82)  391 
women 

married  79,   124—5 

may  vote  at  school  meetings  (24) 
19 

school  commissioners  (79)  381 
Woodward,  Wm.  H.  391 
written  excuses  178,  185 
year,  school  108 — 9 
Young,  Sup't  q  232 


APPENDIX 
Changes  made  by  the  Laws  of  1910 

Part  I :     Now  in  effect 

Page  8,  Definitions 

Academy  means  an  incorporated  institution  for  instruc- 
tion in  secondary  education,  and  such  high  schools,  academic 
departments  in  union  schools,  and  similar  unincorporated 
schools  as  are  admitted  by  the  regents  to  the  university  as  of 
academic  grade.  2 

Secondary  education  means  instruction  in  academic  grades 
between  the  elementary  grades  and  the  college  or  university. 

The  term  "child  of  compulsory  school  age"  means  any  child 
between  7  and  16  years  of  age  lawfully  required  to  attend  upon 
instruction.  2 

School  officer  means  a  clerk,  collector,  or  treasurer  of  any 
school  district ;  a  trustee  or  member  of  a  board  of  education  or 
any  other  body  in  control  of  the  schools  by  whatever  name 
known  in  a  union  free  school  district  or  in  a  city ;  a  superin- 
tendent of  schools ;  a  truant  officer;  a  school  commissioner; 
or  other  elective  or  appointive  officer  in  a  school  district  or  city 
whose  duties  generally  relate  to  the  administration  of  affairs 
connected  with  the  public  school  system.  2 

Board  of  education  includes  by  whatever  name  known  the 
governing  body  charged  with  the  general  control,  management, 
and  responsibility  of  the  schools  of  a  union  free  school  dis- 
trict or  of  a  city.  2 

Page  9,  School  Districts 

A    school     commissioner    may    organize    a    new 

school  district  out  of  the  territory  of  one  or  more 

(471) 


472         Appendix:     Changes  of  1910 

school  districts  which  are  wholly  within  his  district 
whenever  the  educational  interests  of  the  commun- 
ity require  it.  121 

Page  10 

The  school  commissioners  of  two  or  more  adjoin- 
ing districts  when  public  interests  require  it  may 
form  a  joint  school  district  out  of  adjoining  portions 
of  their  respective  districts.  121 

The  majority  of  the  school  commissioners  within  whose 
districts  any  joint  school  district  lies  may  make  an  order 
at  a  meeting  duly  called  by  one  of  the  commissioners  dis- 
solving such  district.  126 
Page  11 

Any  school  commissioner  may  dissolve  one  or  more  dis- 
tricts, and  may  from  such  territory  form  a  new  district; 
he  may  also  unite  such  territory  or  a  portion  thereof  to  an}' 
adjoining  school  district  except  a  union  free  school  district 
whose  boundaries  are  coterminous  with  the  boundaries  of 
an  incorporated  village  or  city.  (27)  129 
Page  12,  Taxation 

The  grounds,  buildings,  furniture,  books,  appa- 
ratus, and  all  other  property  of  a  school  district 
shall  not  be  subject  to  taxation  for  any  purpose.  153 

Page  12,  Application  of  Moneys 

All  moneys  obtained  from  the  sale  of  any  school 
property  shall  be  applied  for  the  benefit  of  the  dis- 
trict as  directed  by  the  voters  thereof  in  any  annual 
or  special  meeting.  154 

Page  15,  Method  of  Notification 

It  shall  be  the  duty  of  such  inhabitant  to  notify 
every  other  inhabitant  of  the  district  qualified  to 
vote  at  the  meeting  by  delivering  to  him  a  copy  of 
the  notice  of  such  meeting,  or  in  case  of  his  absence 
from  home  by  leaving  a  copy  thereof,  or  so  much  as 


Part  I:    Now  in  Effect  473 

relates  to  the  time,  place,  and  object  of  the  meet- 
ing, at  the  place  of  his  abode,  at  least  6  days  before 
the  time  of  the  meeting.  (81)  191 

Page  16,  Date  of  Annual  Meeting 

The  annual  meeting  is  held  on  the  1st  Tuesday  in 
May.  (442:1910) 

This  does  not  take  effect  till    1911,    the   meeting  for   1910 
being  held  as  before  on  the  1st  Tuesday  in  August. 
Page  23,  Acquirement  of  Real  Estate 

Real  property  may  be  acquired  for  school  pur- 
poses in  any  school  district  and  in  any  city  except 
a  city  of  the  1st  or  2d  class  as  follows:  463 

1.  By  gift,  grant,  devise,  or  purchase.  463 

2.  By  condemnation,  if  an  agreement  cannot  be 
made  with  the  owner  for  the  purchase  thereof.  463 

Such  proceeding  must  be  instituted  and  conducted  by 
the  trustee  or  board  of  education,  in  the  name  of  the  dis- 
trict under  the  provisions  of  the  condemnation  law.  463- 

This  does  not  permit  the  acquisition  by  condemnation 
of  less  than  the  whole  of  a  city  or  village  lot  with  the  erec- 
tions and  improvements  thereon.  463 

The  following  property  cannot  be  obtained  without  the. 
consent  of  the  owner:  (1)  a  homestead  occupied  as  such  by 
the  owner;  (2)  a  garden,  orchard,  or  any  part  thereof,  not. 
within  a  city;  (3)  a  yard  or  inclosure,  or  any  part  thereof,, 
necessary  to  the  use  or  enjoyment  of  buildings.  (4)  Fix- 
tures or  erections  for  the  purposes  of  trade  or  manufac- 
ture. 464 
Page  26,  Stairways 

Such  stairways  must  be  kept  in  good  order  and  free  from 
obstruction,  and  shall  not  be  bolted  or  locked  during  school 
hours.   (112)  453 
Page  38,  Contracts  with  other  Schools 

Any  school  district  may  decide  by  a  majority  vote 
of   the    qualified    voters    present    and    voting. 
1 .  To  contract  for  the  education  of  all  the  children 


474          Appendix:  Changes  of  1910 

of  such  district  in  another  district  or  in  a  city  in- 
stead   of    maintaining    a    home    school; 

2.  To  contract  for  the  education  of  part  of  the  chil- 
dren of  such  district  and  maintain  a  home  school.  580 

Whenever  the  period  of  time  which  a  district 
contracts  for  the  education  of  its  children,  or  such 
period,  together  with  the  time  school  is  actually 
taught  in  said  district,  amounts  to  160  days  and  the 
contract  shall  include  all  children  of  school  age  in 
such  district,  such  district  shall  be  entitled  to  re- 
ceive 1  district  quota.  585 

Whenever  a  district  maintains  a  home  school  and 
contracts  for  the  education  of  at  least  12  of  its  chil- 
dren, it  shall  be  entitled  to  1  teacher's  quota  in  ad- 
dition to  its  district  quota.  585 

Page  41,  School  Officers 

Each  school  district  has  from  1  to  3  trustees  as 
the  district  determines,  a  clerk,  a  collector,  and  if 
the  district  so  decides  a  treasurer.  220 

Every  school  officer  must  be  able  to  read  and 
write  and  must  be  a  qualified  voter  of  the  district. 
221 

Page  42 

A  school  district  office  becomes  vacant  by  the 
death,  resignation,  refusal  to  serve,  incapacity,  re- 
moval from  the  district  or  from  office.  232 

A  vacancy  in  the  office  of  trustee  in  any  district 
may  be  filled  by  election  within  30  days  after  it  oc- 
curs. If  not  so  filled  the  school  commissioner  may 
appoint  a  competent  person  to  fill  it.  233 


Part  I:  Now  in  Effect  475 

A  vacancy  in  the  office  of  clerk,  collector,  or  treas- 
surer  may  be  filled  by  appointment  by  the  trustees 
of.  the  district .  234 

The  appointees  hold  their  respective  offices  until  the  next 
annual  meeting  of  the  district  and  until  their  successorss 
are  elected  and  have  been  notified.   234 
Page  52 

A  person  removed  from  a  school  district  office  is  ineligi- 
ble to  appointment  or  election  for  a  period  of  one  year  from 
date  of  removal.  222 
Page  56,  Assessment 

Land  lying  in  one  body  and  occupied  by  the  same  person, 
either  as  owner  or  agent  for  the  same  principal,  or  as  tenant 
under  the  same  landlord,  as  one  lot  on  the  last  assessment 
roll  of  the  town  sfter  revision  by  the  assessors,  shall,  though 
situated  partly  in  two  or  more  school  districts,  be  taxable 
in  that  one  of  them  in  which  such  occupant  resides.  411 

This  rule  does  not  apply  to  land  owned  by  non-residents 
of  the  district,  and  not  occupied  by  an  agent,  servant,  or 
tenant  residing  in  the  district.  Such  unoccupied  real  estate 
is  assessed  as  non-resident,  and  a  description  entered  in  the 
tax-list.  411 
Page  65,  Notice  of  Assessment 

The  collector  must  also  give  a  like  notice,  either  per- 
sonally or  by  mail,  at  least  20  days  previous  to  the 
expiration  of  the  30  days  aforesaid,  to  the  president, 
secretary,  general  or  division  superintendent,  or  man- 
ger of  any  canal  or  pipe  line,  assessed  for  taxes  upon 
the  tax-list  delivered  to  him.  (397)  425 

Page  71,  Schoolhouses 

5  To  purchase  or  lease  such  school-house  sites  and 
to  purchase  or  build  such  school-houses  as  a  district 
meeting  may  authorize;  and  to  hire  temporarily  such 
rooms  or  buildings  as  may  be  necessary  for  school  pur- 
poses. 275 


476          Appendix:  Changes  of  1910 

No  trustee  may  be  personally  interested,  directly  or  indi- 
rectly, in  any  contract  which  he  makes  in  behalf  of  the  dis- 
trict. 285 

Page  73,  Inurance  without  vote  of  district 

7  To  insure  the  school-buildings,  furniture,  and 
school  apparatus  in  some  company  created  by  or  under 
the  laws  of  this  state,  or  in  an  insurance  company  au- 
thorized to  do  business  in  this  state,  and  to  comply 
with  the  conditions  of  the  policy,  and  raise  by  a  dis- 
trict tax,  the  amount  required  to  pay  the  premiums 
thereon.  (95)  275 

Employment  of  Teachers 

9  To  contract  with  and  employ  as  many  legally 
qualified  teachers  as  the  schools  of  the  district  require, 
to  determine  the  rate  of  compensation  and  the  term  of 
employment  of  each  teacher,  and  the  terms  of  school 
to  be  held  during  each  school  year.  (195)  275 

Page  81,  Nonqualified  teachers 

But  the  commissioner  of  education  may  in  his  dis- 
cretion excuse  the  default  of  a  trustee  or  a  board  of 
education  in  employing  a  teacher  not  legally  quali- 
fied, legalize  the  time  so  taught,  and  authorize  the 
payment  of  the  teacher.  491 

Page  82,  Teachers  Certificates 

The  commissioner  of  education  may  issue  (1) 
a  life  state  certificate  upon  examinations  only  which 
shall  entitle  its  holder  to  teach  for  life  in  the  public 
schools  of  the  state  without  further  examination; 
(2)  such  other  certificates  as  regents  general  rules 
shall  prescribe;  (3)  a  temporary  license  limited  to 
a  school  district,  school  commissioner  district,  or 
city  for  a  period  not  to  exceed  one  year.  553 


Part  I:  Now  in  effect  477 

The  commissioner  of  education  may  in  his  dis- 
cretion endorse  (1)  A  diploma  issued  by  a  normal 
school  of  another  state;  (2)  A  certificate  issued  by 
the  chief  educational  officer  or  state  board  of  another 
state.  564 

The  commissioner  of  education  prescribes,  subject  to  ap- 
proval by  the  board  of  regents,  regulations  governing  the 
examination  and  certification  of  teachers  employed  in  all 
public  schools.  552 

The  sole  right  to  examine  and  license,  under  the 
rules  prescribed  by  the  commissioner  of  education, 
all  persons  proposing  to  teach  in  common  schools 
not  possessing  a  certificate  of  qualifications  issued 
by  the  commissioner  of  education  or  a  normal 
school  diploma,  is  conferred  upon  school  commission- 
ers, (oil)  391  (In  original  but  not  amended  law  of 
1910.) 

Page  83 

A  school  commissioner,  a  city  superintendent  of 
schools,  or  such  other  authority  of  a  city  as  may 
be  designated  by  a  special  act  or  the  city  charter 
may  issue  such  certificates  as  may  be  authorized 
by  the  regents  general  rules  or  by  such  special  act 
or  city  charter.  (553)  555 

Page  173,  Orphan  Asylums 

The  schools  of  the  several  incorporated  orphan 
asylum  societies  of  the  state,  except  in  the  city  of 
York,  participate  in  the  distribution  of  the  school 
moneys,  in  the  same  manner  and  to  the  same  ex- 
tent, in  proportion  to  the  number  of  children  edu- 
cated therein,  as  the  common  schools  of  their  re- 
spective cities  or  districts  (860)  900 


478          Appendix :  Changes  of  1910 

Indian  Children 

Indian  children  residing  in  a  reservation  are  not  entitled 
to  free  tuition  in  districts  outside  the  reservation,  but  may 
be  received  into  the  schools  of  such  districts  on  the  approv- 
al of  the  trustees  thereof  and  of  the  commissioner  of  edu- 
cation. 943 
Page  275,  Gospel  and  School  Lots 

Such  moneys  must  be  held  by  the  collector  or  treasurer 
and  paid  upon  the  written  order  of  the  trustee  of  the  dis- 
trict for  such  purposes  as  the  annual  or  a  special  meeting 
of  the  district  shall  decide.  528 
Page  299,  Rural  Ren  ewable  Certificate 

A  candidate  must  have  taught  successfully  for  at 
least  2  years  to  be  eligible  for  a  rural  renewable  cer- 
tificate. 

Page  314,  Privileges  of  a  Union  Free  School  District 

15  a  Where  there  is  a  population  of  5000  to  designate 
sites  or  additions  without  vote  of  the  district.  (117)  458 
Page  316,  Method  of  Giving  Notice 

In  other  districts  the  notice  must  be  given  by  posting 
the  same  as  aforesaid,  and  in  addition  thereto  the  trustees 
of  such  district  must  authorize  and  require  any  taxable 
inhabitant  thereof  to  notify  every  other  qualified  to  vote 
in  such  district  by  delivering  to  him  a  copy  of  such  notice 
or  in  case  of  his  absence  from  home,  etc.  (39)  142 
Page  332,  Exchange  of  Real  Estate 

They  may  also  exchange  real  estate  belonging  to  the  dis- 
trict for  the  purpose  of  improving  or  changing  schoolhouse 
sites.  310 
Page  336,  Academic  Apportionment 

Pupils  residing  in  districts  not  maintaining  a  4-year  cur- 
riculum may  be  included  in  this  apportionment  after  having 
completed  the  course  of   study  prescribed    for  the  school  in 
the   district   in   which   they   reside.    493 
Page  357,  City  Schools 

In  the  primary  and  grammar  schools  of  any  cit3r 
or  school  district  authorized  by  law  to  emply  a  su- 


Part  I:  Now  in  Effect  479 

perintendent  of  schools  no  teacher  may  be  employed 
or  licensed  to  teach  in  the  primary  or  grammar 
grades  who  has  not  had  successful  experience  in 
teaching  for  at  least  3  years,  or  in  lieu  thereof  has 
not  completed  (1)  a  course  in  one  of  the  state  'nor- 
mal schools  of  this  state  prescribed  by  the  commis- 
sioner of  education,  or  (2)  an  examination  for  life 
certificate  in  this  state  and  received  the  life  state 
certificate,  or  (3)  a  course  of  study  in  a  high  school 
or  academy  of  not  less  than  3  years  approved  by  the 
commissioner  of  education,  or  from  some  institution 
of  equal  or  higher  rank  approved  by  the  same  au- 
thority, and  who  subsequently  to  the  completion  of 
such  course  has  not  graduated  from  a  school  for  the 
professional  training  of  teachers  having  a  course  of 
not  less  than  2  years  approved  by  the  commissioner 
of  education,  or  its  equivalent.  (551)  651 

Page  368,  Training  Classes 

After  $700  has  been  appropriated  to  each  school 
maintaining  a  training  class,  the  remainder  of  the 
appropriation  for  training  of  teachers  is  apportioned 
to  the  cities  that  have  maintained  training  schools, 
according  to  the  aggregate  attendance  of  pupils 
regularly  admitted.  (462)  502 

In  the  apportionment  to  cities  whose  customary  charge 
for  non-resident  pupils  is  greater  than  the  sum  provided, 
the  commissioner  of  education  may  permit  the  sum  so  ap- 
portioned to  be  applied  upon  such  customary  charge  for  non- 
resident pupils,  provided  the  balance  of  such  customary 
charge  shall  be  assumed  by  the  school-district  in  which 
tuch  non-resident  pupil  is  resident,  and  the  payment  thereof 
shall  have  been  provided  for  at  a  school  district  meeting.  493 


480  Appendix:  Changes  of  1910 

Page  369,  Pensions 

The  provisions  for  town  pensions  are  wholly 
omitted.  (559-61) 

School  Directors 

Two  school  directors  shall  be  elected  for  each 
town  at  the  general  election  held  in  1910,  one  of 
such  directors  to  serve  until  Jan.  1,  1913,  and  the 
other  until  Jan.  1,  1916.  382 

A  director  shall  be  elected  at  the  general  elec- 
tion in  1912  and  every  fifth  year  thereafter.  382 

The  term  of  office  of  the  directors  elected  in  1912 
and  thereafter  shall  commence  on  Jan.  1  following 
their  election  and  continue  for  5  years.  382 

Such  directors  shall  be  elected  in  the  same  manner 
that  town  officers  are  elected  at  town  meetings 
held  at  the  time  of  a  general  election,  and  the  provi- 
sions of  the  election  law  relating  to  the  nomina- 
tion and  election  of  such  town  officers  shall  apply  to 
the  nomination  and  election  of  such  directors.  382 

A  school  director  shall  vacate  his  office  by  remov- 
al from  the  town  or  by  filing  a  written  resignation 
with  the  town  clerk.  382 

A  vacancy  in  the  office  of  school  director  shall 
be  filled  by  the  town  board  of  the  town  in  which  such 
vacancy  exists.  If  the  town  fails  to  elect  a  director 
a  vacancy  shall  be  deemed  to  exist  in  such  office.  382 

A  school  director  before  entering  upon  the  dis- 
charge of  the  duties  of  his  office  and  not  later  than 
30  days  after  the  date  on  which  he  was  elected  to 
office  shall  take  the  oath  of  office  prescribed  by  the 
constitution.  382 

Such  oath  may  be  taken  before  a  justice  of  the  peace  or 


Part  I:  Now  in  Effect  481 

a  notary  public,  and  must  be  filed  in  the  office  of  the  clerk 
of  the  town.  381 

A  school  director  shall  receive  $2  per  day  for  each 
day's  service  and  his  necessary  travelling  expenses, 
and  the  town  board  of  the  town  for  which  such  di- 
rector is  chosen  shall  audit  and  allow  the  same.  382 

The  school  directors  of  the  several  towns  compris- 
ing a  supervisory  district  shall  meet  for  organiza- 
tion at  11  a.m.  on  the  3d  Tuesday  in  May  following 
their  election,  electing  from  their  number  a  chair- 
man, a  clerk,  and  2  inspectors  of  election.  383 

Such  meeting  shall  be  held  at  a  place  in  the  supervisory 
district  designated  by  the  county  clerk  at  least  10  days  pre- 
vious to  the  date  thereof.  At  the  time  the  county  clerk  des- 
ignates such  place  of  meeting  he  shall  also  mail  a  notice  of 
the  time  and  place  of  such  meeting  to  each  school  director 
of  the  district.  The  school  directors  at  such  meeting  shall 
designate  a  place  for  holding  future  meetings.  383 

The  school  directors  of  the  several  towns  compos- 
ing a  supervisory  district  shall  be  a  board  of  school 
directors,  and  such  board  of  directors  shall  meet 
at  11  a.m.  on  the  3d  Tuesday  in  August,  1911,  and 
on  the  3d  Tuesday  in  June  every  5th  year  thereaf- 
ter, and  elect  a  district  superintendent  of  schools.  383 

The  clerk  of  such  board  shall  give  each  director  at  least 
10  days  notice  in  writing  of  the  hour,  date,  and  place  of 
such  meeting.  383 

If  such  directors  fail  to  elect  a  district  superintendent 
before  the  Jan.  1  following  the  date  of  such  meeting,  the 
county  judge  shall  appoint  such  superintendent,  who  shall 
serve  until  the  board  of  directors  shall  fill  such  vacancy.  383 

In  the  election  of  such  district  superintendent  the 
vote  shall  be  by  ballot  and  the  person  receiving  a 
majority  of  the  votes  shall  be  elected.  Each  school 


482  Appendix:  Changes  of  1910 

director  shall  be  entitled  to  1  vote  in  such  election. 
383 

The  clerk  of  such  board  shall  file  a  copy  of  the 
proceedings  of  each  meeting  and  each  election,  cer- 
tified by  himself  and  the  chairman,  in  the  office  of  the 
county  clerk  within  3  days  after  the  close  thereof.  383 

The  county  clerk  on  receipt  of  notice  of  the  elec- 
tion of  a  district  superintendent  of  schools  shall  de- 
liver to  the  person  elected  a  certificate  of  such  elec- 
tion attested  by  his  signature  with  the  seal  of  the 
county  and  shall  also  transmit  to  the  commissioner 
of  education  a  duplicate  of  such  certificate.  383 

Page  376,  Report  of  Supervisor 

The  report  of  the  supervisor  to  the  county  treas- 
urer is  fixed  for  the  1st  Tuesday  of  February  instead 
of  March.  (451)  365 

Page  382,  Graft  Forbidden 

A  school  commissioner  shall  not  (1)  be  directly 
or  indirectly  interested,  otherwise  than  as  an  author, 
in  the  sale,  publication,  or  manufacture  of  school 
books,  maps,  charts,  or  school  apparatus,  or  in  the 
sale  or  manufacture  of  school  furniture  or  any  other 
school  or  library  supplies ;  (2)  be  directly  or  indirect- 
ly interested  in  any  contract  made  by  the  trustees ; 
(3)  be  directly  or  indirectly  interested  in  any  agency 
or  bureau  maintained  to  obtain  or  aid  in  obtaining 
positions  for  teachers  or  superintendents;  (4)  di- 
rectly or  indirectly  receive  any  emolument,  gift, 
pay,  reward,  or  promise  of  pay  or  reward  for  recom- 
mending or  procuring  the  sale,  use,  or  adoption  of 
any  book,  map,  chart,  school  apparatus  or  furni- 
ture or  other  supplies  for  any  school  or  library  or 


Part  I:  Now  in  Effect  483 

for  recommending  a  teacher  or  aiding  a  teacher  in 
obtaining  an  appointment  to  teach.  A  violation  of 
this  section  or  any  part  thereof  shall  be  a  misdemean- 
or and  shall  subject  the  commissioner  guilty  of 
such  violation  to  removal  from  his  office  by  the  com- 
sioner  of  education.  (315)  393 

Page  393,  Commissioner  of  Education 

The  education  department  is  under  the  legisla- 
tive direction  of  the  regents  and  the  executive  direc- 
tion of  the  commissioner  of  education,  who  is  made 
the  chief  executive  officer  of  the  state  system  of  ed- 
ucation and  of  the  regents.  The  said  department  is 
charged  with  the  general  management  and  super- 
vision of  all  public  schools  and  of  all  the  educational 
work  of  the  state,  including  the  operations  of  the 
university  of  the  state  of  New  York.  20 

Page  394,  Divisions 

By  concurrent  action  of  the  regents  and  the  com- 
missioner of  education  the  department  may  be  di- 
vided into  divisions.  By  like  action  new  divisions  may 
be  created  and  existing  divisions  may  be  consolidated 
or  abolished,  and  the  administrative  work  of  the  de- 
partment assigned  to  the  several  divisions.  21 

Page  395 

The  commissioner  of  education  appoints,  sub- 
ject to  the  approval  of  the  regents,  such  assistant 
commissioners  as  he  shall  deem  necessary  for  the 
proper  organization  and  general  classification  of 
the  work  of  the  department,  and  assigns  to  such  as- 
sistant commissioners  the  work  which  shall  be  un- 
der their  respective  supervision.  22 

The  commissioner  of  education,  subject  to  the  ap- 


484  Appendix:  Changes  of  1910 

proval  of  the  regents,  shall  have  power  in  conformity 
with  their  rules  to  appoint  all  other  needed  officers  and 
employees  and  fix  their  titles,  duties,  and  salaries.  23 
With  the  approval  of  the  regents,  the  commission- 
er of  education  may  at  his  pleasure  remove  from  office 
any  assistant  commissioner  or  other  appointed  officer 
or  employee;  and,  when  the  regents  are  not  in  ses- 
sion, the  commissioner  may  during  his  pleasure  suspend 
such  officer  or  employee,  but  not  longer  than  till  the 
adjournment  of  the  next  meeting  of  the  regents. 

Page  395,  Regents  Seal 

The  regents  of  the  university  and  the  commission- 
er of  education  shall  together  adopt  and  may  modi- 
fy at  any  time  a  seal,  which  shall  be  used  in  common 
as  the  seal  of  the  education  department  and  of  the 
university;  and  copies  of  all  records  thereof  and  of 
all  acts,  orders,  decrees,  and  decisions  made  by  the 
regents  or  by  the  commissioner  of  education,  and 
of  their  official  papers,  and  of  the  drafted  or  machine 
made  copies  of  any  of  the  foregoing,  may  be  au- 
thenticated under  the  said  seal,  and  shall  then  be 
evidence  equally  with  and  in  like  manner  as  the 
originals.  25 

Page  305,  Report 

The  commissioner  of  education  shall  annually 
prepare  a  report  of  the  education  department,  in- 
cluding the  university,  which  shall  be  transmitted 
to  the  legislature  over  the  signatures  of  the  chan- 
cellor of  the  university  and  of  the  commissioner  of 
education.  At  their  pleasure  the  regents  or  the  com- 
missioner of  education  may  make  other  reports  to 
the  legislature.  Such  portions  of  their  annual  or 


Part  I:  Now  in  Effect  485 

other  reports  as  the  commissioner  or  the  regents 
shall  desire  for  such  use  shall  be  printed  by  the  state 
printer  as  bulletins.  26 

Page  408,  Education  Building 

After  the  completion  of  the  state  education  build- 
ing, it  shall  be  occupied  exclusively  by  the  educa- 
tion department,  including  the  university,  with  the 
state  library,  the  state  museum,  and  its  other  de- 
partments, together  with  such  other  work  with  which 
the  commissioner  of  education  and  the  regents  have 
official  relations  as  they  may  in  their  discretion  pro- 
vide for  therein;  and  such  building  and  the  offices 
of  such  department  shall  be  maintained  at  state 
expense.  27 

Page  409,  Legislative  Functions 

Subject  and  in  conformity  to  the  constitution 
and  laws  of  the  state,  the  regents  shall  exercise 
legislative  functions  concerning  the  educational 
system  of  the  state,  determine  its  educational  poli- 
cies, and  except  as  to  judicial  functions  of  the  com- 
missioner of  education,  establish  rules  for  carry- 
ing into  effect  the  laws  and  policies  of  the  state  re- 
lating to  education,  and  the  powers,  duties,  and 
trusts  conferred  or  charged  upon  the  university. 
46 

Page  411,  Educational  Extension 

The  regents  may  extend  to  the  people  at  large  in- 
creased educational  opportunities  and  facilities, 
stimulate  interest  therein,  recommend  methods, 
designate  suitable  teachers  and  lecturers,  conduct 
examinations  and  grant  credentials,  and  other- 
wise organize,  aid,  and  conduct  such  work  52 


486  Appendix:  Changes  of  1910 

Page  412,  Purchases 

The  regents,  and  with  their  approval  the  commis- 
sioner of  education,  may  buy,  sell,  exchange  and  re- 
ceive by  will,  or  other  gift,  or  on  deposit,  books, 
pictures,  statuary,  or  other  sculptured  work,  lan- 
tern slides,  apparatus,  maps,  globes,  and  any  arti- 
cles or  collections  pertaining  to  or  useful  in  and  to 
any  of  the  departments,  divisions,  schools,  institu- 
tions, associations,  or  other  agencies,  or  work,  under 
their  supervision  or  control  or  encouragement,  and 
may  lend  or  deposit  any  such  articles  in  their  cus- 
tody or  control,  when  or  where  in  their  judgment 
compensating  educational  usefulness  will  result 
therefrom;  and  may  also  from  time  to  time  enter 
into  contracts  desirable  for  carrying  into  effect  the 
foregoing  provisions.  52 

Page  418,  Registrations  of  Foreign  Institutions 

The  regents  may  register  domestic  and  foreign  in- 
stitutions in  terms  of  New  York  standards,  and  fix 
the  value  of  degrees,  diplomas,  and  certificates  is- 
sued by  institutions  of  other  states  and  countries 
and  presented  for  entrance  to  schools,  colleges,  and 
the  professions  in  this  state.  50 

Page  426,  Fraud  in  Examinations 

A  person  who  shall  personate  or  offer  to  personate 
another  person  in  taking  or  attempting  or  offering 
to  take  an  examination  under  the  regents,  or  pro- 
cure any  other  person  to  personate  him,  or  have  in 
his  possession  question  papers  to  be  used  in  any 
such  examination  when  not  contained  in  their  sealed 
wrappers,  or  copies  of  such  questions  at  any  time 
prior  to  the  date  set  for  such  examination,  or  sell 


Part  I:  Now  in  Effect  487 

or  offer  to  sell  such  questions  or  copies,  or  use  them 
in  examination,  or  transmit  answers  to  them  to  the 
education  department,  or  alter  any  answers  after 
the  examination  is  closed,  or  otherwise  attempt  to 
secure  the  record  of  having  passed  an  examination 
in  violation  of  the  university  rules,  is  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined 
for  the  first  offence  not  less  than  $50  or  imprison- 
ment for  not  less  than  30  days,  and  for  a  second  of- 
fence by  a  fine  of  not  less  than  $250  or  imprisonment 
for  not  less  than  6  months,  or  by  both  such  fine  and 
imprisonment.  67 

Page  435,  Professional  Certification 

Conformably  to  law  the  regents  supervise  the  en- 
trance requirements  to  and  the  licensing  and  prac- 
tice of  the  professions  of  medicine,  dentistry,  veter- 
inary medicine,  pharmacy,  and  optometry,  and  also 
supervise  the  certification  of  nurses  and  public  ac- 
countants. 61 


Part  II:  Going  into  effect  Jan.  1,  1912 

Ppges  381-91,  Abolition  of  School  Commissioners 

The  office  of  district  superintendent  of  schools 
is  hereby  created,  to  begin  Jan.  1,  1912.  380 

The  territory  embraced  in  the  school  commission- 
er districts  of  the  state  outside  of  cities  and  of  school 
districts  of  5,000  population  or  more  which  employ 
a  superintendent  shall  be  organized  and  divided 
into  supervisory  districts.  381 

In  the  formation  or  division  of  such  territory  no 
town  shall  be  divided.  The  territory  of  such  districts 
must  be  contiguous  and  compact,  and  towns  arranged 
in  districts  so  that  there  shall  be  as  equal  a  divi- 
sion of  the  territory  and  number  of  school  districts 
as  may  be  possible.  381 

In  a  county  entitled  to  2  or  more  supervisory  districts 
the  school  commissioner  of  each  school  commissioner  dis- 
trict in  such  county  and  the  supervisor  of  each  town  in  such 
county  shall  meet  at  the  county  seat  on  the  3d  Tuesday  in 
April,  1911,  at  10  a.m.  and  divide  such  county  into  the  num- 
ber of  supervisory  districts  to  which  it  is  entitled.  381 

The  county  clerk  of  such  county  shall  give  10  days  no- 
tice in  writing  of  such  meeting  to  each  of  the  school  commis- 
sioners and  supervisors.  The  county  clerk  shall  also  call  such 
meeting  to  order  at  the  proper,  hour,  and  the  school  commis- 
sioners and  supervisors  present  shall  elect  from  their  num- 
ber a  chairman  and  a  clerk.  381 

A  copy  of  the  proceedings  of  such  meeting,  showing  the 
supervisory  districts  formed  and  naming  the  towns  compos- 

(488) 


Part  II:  Going  into  effect  Jan.  1,  1912  489 

ing  each  of  such  districts,  certified  by  the  chairman  and 
clerk,  shall  be  deposited  by  the  clerk  of  such  meeting  in  the 
office  of  the  county  clerk  immediately  after  the  close  of  the 
meeting.  The  county  clerk  on  receipt  of  the  same  shall  for- 
ward a  certified  copy  thereof  to  the  commissioner  of  educa- 
tion. 381 

The  number  of  supervisory  districts  into  which 
each  county  shall  be  divided  is  as  follows: 

Hamilton,  Putnam,  Rockland,  Schenectady,  each  1. 

Chemung,  Fulton,  Genesee,  Montgomery,  Nassau, 
Schuyler,  Seneca,  Yates,  each  2. 

Albany,  Clinton,  Columbia,  Cortland,  Essex, 
Greene,  Livingston,  Niagara,  Orange,  Orleans, 
Rensselaer,  Schoharie,  Suffolk,  Sullivan,  Tioga> 
Tompkins,  Warren,  Wyoming,  each  3. 

Broome,   <Dutchess,    Franklin,    Herkimer,    Lewis, 
Madison,  Monroe,  Ontario,  Saratoga,  Ulster,  Wash- 
ington,   Wayne,    Westchester,    each    4. 
.   Allegany,    Cattaraugus,    Cayuga,    Chenango,    Erie, 
Onondaga,   Oswego,  each  5. 

Chautauqua,  Delaware,  Jefferson,  Otsego,  each  6. 

Oneida,  Steuben,  each  7. 

St.  Lawrence,  8.      381 

To  be  eligible  to  election  to  the  office  of  district 
superintendent  of  schools  a  person  must  be  (a)  at 
least  21  years  of  age,(6)a  citizen  of  the  United  States, 
and  (3) a  resident  of  the  state,  but  he  need  not  be  a 
resident  of  the  supervisory  district  for  which  he  is 
elected  at  the  time  of  his  election.  384 

Such  superintendent  must  however  become  a  resident 
of  the  county  containing  the  district  for  which  he  has  been 
elected  on  or  before  the  date  on  which  his  term  of  office  be- 


490  Appendix:  Changes  of  1910 

gins.  Failure  to  acquire  such  residence  will  be  deemed  a  re- 
moval from  the  county.  384 

No  person  shall  be  ineligible  on  account  of  sex.  384 

In  addition  thereto  (d)  he  must  possess  or  be  en- 
titled to  receive  a  certificate  authorizing  him  to 
teach  in  any  of  the  public  schools  of  the  state  without 
further  examination.  384 

(e)  He  shall  also  pass  an  examination  prescribed 
fay  the  commissioner  of  education  on  the  supervi- 
sion of  courses  in  agriculture  and  teaching  the  same. 
384 

A  district  superintendent  who  is  removed  from 
•office  shall  not  be  eligible  to  election  to  such  office 
in  any  supervisory  district  for  a  period  of  5  years. 
384 

A  district  superintendent  before  entering  upon 
the  discharge  of  the  duties  of  his  office  and  not  later 
than  5  days  before  the  date  on  which  his  term  of 
office  is  to  commence,  shall  take  the  oath  of  office 
prescribed  by  the  constitution.  385 

Such  oath  may  be  taken  before  a  county  clerk,  a  jus- 
tice of  the  peace,  or  a  notary  public,  and  must  be  filed  in 
the  office  of  the  county  clerk.  385 

The  district  superintendents  elected  in  1911  shall 
hold  office  until  Aug.  1,  1916.  The  full  term  of  office 
of  district  superintendent  elected  in  1916  and  thereaf- 
ter shall  be  5  years  and  shall  commence  on  the  Aug. 
1  next  after  his  election.  A  district  superintendent 
unless  removed  shall  hold  office  until  his  successor 
is  chosen  and  has  qualified.  386 

The  office  of  district  superintendent  shall  be  va- 
cant upon: 


Part  II:  Going  into  effect  Jan.  1,  1912  491 

(a)  the   death   of  the   incumbent; 

(b)  his    removal    from    office; 

(c)  his   removal   from  the    county; 

(d)  his  filing  in  the  office  of  the  county  clerk  his 
written  resignation. 

(e)  his  acceptance  of  the  office  of  supervisor,  town 
clerk,    or    trustee    of    a    school    district. 

(/)  His  failure  to  take  and  file  the  oath  of  office.  387 

Whenever  a  vacancy  occurs  it  shall  be  filled  for 
the  remainder  of  the  unexpired  term  by  the  board 
of  school  directors.  388 

Upon  direction  of  the  commissioner  of  education  the 
clerk  of  the  board  in  which  the  supervisory  district  having 
such  district  is  located  shall  immediately  call  a  special  meet- 
ing of  such  board  for  the  purpose  of  electing  a  superintendent. 
The  provisions  already  named  shall  apply  to  a  special  elec- 
ton.  388 

Each  district  superintendent  shall  receive  from 
the  state  an  annual  salary  of  $1,200,  payable  monthly 
by  the  commissioner  of  education.  389 

The  supervisors  of  the  towns  composing  any  su- 
pervisory district  may  by  adopting  a  resolution  by 
a  majority  vote  increase  the  salary  to  be  paid  by 
such  district  to  its  district  superintendent.  389 

Such  supervisors  must  thereupon  file  with  the  clerk  of 
the  board  of  supervisors  a  certificate  showing  the  amount 
of  such  increase.  389 

The  board  of  supervisors  shall  levy  such  amount  annually 
by  tax  on  the  towns  composing  such  supervisory  district.  389 

The  commissioner  of  education  shall  quarterly 
audit  and  allow  the  actual  sworn  expense  incurred 
by  each  district  superintendent  of  schools  in  the  per- 


492  Appendix:  Changes  of  1910 

formance  of  ois  official  duties,  but  the  amount  ot 
such  expense  allowed  shall  not  exceed  in  any  one 
year  $300.  390 

Such  expenses  shall  be  paid  by  the  commissioner  of  edu- 
cation. 390 

The  commissioner  of  education  may,  whenever  he 
is  satisfied  that  a  district  superiniendent  has  persis- 
tently neglected  to  perform  an  official  duty,  withhold 
payment  of  the  whole  or  any  part  of  such  superin- 
tendent's salary  as  it  becomes  due;  and  he  may  also 
withold  any  sum  to  which  such  superintendent  shall  be 
entitled  for  expenses  and  the  amount  thus  witheld 
may  be  forfeited;  but  the  commissioner  may  in  his 
discretion  remit  such  forfeiture  in  whole  or  in  part. 
391 

The  commisioner  of  education  may  by  an  order 
under  seal  of  the  education  department  remove  a 
district  superintendent  from  office  whenever  he  is 
satisfied  that  such  superintendent: 

(a)  has    been    guilty    of    immoral    conduct; 

(b)  is   incompetent   to   perform  any   official  duty; 

(c)  has  persistently  neglected    or    wilfully    refused 
to    perform   any   lawful    duty    imposed    upon    him. 
392 

A  district  superintendent  shall  not:  (See  page  482 
where  these  restrictions  are  given,  now  applying  to 
school  commissioners.) 

A  district  superintendent  shall  devote  his  whole 
time  to  the  performance  of  the  duties  of  his  office, 
and  shall  not  engage  in  any  other  business  or  pro- 
fession. Such  time  as  shall  not  necessarily  be  devoted 
to  clerical  and  administrative  work  shall  be  devoted 


Part  II:  Going  into  effect  Jan.  1,  1912  493 

to  the  visitation  and  inspection  of  the  schools  in  his 
district.  394 

A  district  superintendent  shall  have  power  and  it 
shall  be  his  duty: 

(a)  To  inquire  from  time  to  time  into  and  ascer- 
tain whether  the  boundaries  of  the  school  districts 
within  his  supervisory  district  are  definitely  and 
plainly  described  in  the  records  of  the  office  of  the 
proper  town  clerk ;  and  in  case  the  record  of  the  boun- 
boundaries  of  any  school  district  shall  be  found  de- 
fective, or  if  the  same  are  in  dispute,  to  cause  the  same 
to  be  amended,  or  an  amended  record  of  the  bounda- 
ries to  be  made.  395 

All  necessary  expenses  incurred  in  establishing  such 
amended  records  shall  be  a  charge  on  the  district  or  dis- 
tricts affected,  to  be  audited  and  allowed  by  the  trustees 
thereof,  on  the  certificate  of  the  district  superintendent.  395 

Service  of  such  subpoena  shall  be  made  a  reasonable  time 
before  the  date  named  therein  for  the  hearing  by  exhibit- 
ing the  same  to  the  person  so  served,  with  the  signature  of 
the  district  superintendent  of  schools  attached,  and  by 
leaving  a  copy  thereof  with  such  person.  395 

(6)  To  assemble  all  the  teachers  of  his  district  by 
towns  or  otherwise  on  days  other  than  legal  holi- 
days when  schools  are  not  in  session,  for  the  purpose 
of  conference  on  the  course  of  study,  for  reports  of 
and  advice  and  counsel  in  relation  to  discipline, 
school  management  and  other  school  work,  and  for 
promoting  the  general  good  of  all  the  schools  of  the 
district.  395 

(c}  To  frequently  and  thoroughly  inspect  the  work 
done  in  the  training  classes  maintained  in  his  dis- 


494          Appendix:  Changes  of  1910 

trict,  and  to  report  to  the  commissioner  of  educa- 
tion on  the  efficiency  of  the  instruction  given  and  the 
observation  and  practice  work  done  by  the  mem- 
bers thereof.  395 

(d)To  hold  meetings  of  trustees  and  other  school 
officers,  and  to  advise  and  counsel  them  in  relation 
to  their  powers  and  duties,  and  particularly  in  rela- 
tion to  the  repair,  construction,  heating,  ventilating, 
and  lighting  of  schoolhouses  and  improving  and  a- 
dorning  the  grounds;  to  especially  advise  trustees 
relative  to  the  employment  of  teachers,  the  adop- 
tion of  text-books,  and  the  purchase  of  library  books, 
school  apparatus,  furniture,  and  supplies.  395 

(e)  To  direct  the  trustees  of  any  district  to  make 
any  alterations  or  repairs  to  the  schoolhouse  or 
outbuildings  which  shall,  in  his  opinion,  be  necessary 
for  the  health  or  comfort  of  the  pupils;  but  the 
amount  which  trustees  shall  be  directed  to  expend 
in  such  alterations  or  repairs  shall  not  exceed  $200 
in  any  one  year.  395 

(/)  To  direct  the  trustees  of  any  district  to  make 
any  repairs  or  alterations  to  school  furniture  or 
where  in  his  opinion  any  furniture  -is  unfit  for 
use  and  not  worth  repairing,  or  where  sufficient 
furniture  is  not  provided,  to  direct  that  such  new 
furniture  shall  be  provided  as  he  deems  necessary; 
but  the  amount  thus  directed  to  be  expended 
shall  not  exceed  in  any  one  year  $100.  395 

(g)  To  direct  the  trustees  of  any  district  to  abate 
any  nuisance  in  or  on  the  school  grounds.  395 

(h)  To     condemn    a     schoolhouse.  395 


Part  II:  Going  into  effect  Jan.  1,  1912  495 

(»)  To  examine  and  license  teachers,  and  conduct 
such  other  examinations  as  the  commissioner  of  ed- 
ucation may  direct.  396 

(k)  To  examine  any  charge  affecting  the  moral 
character  of  any  teacher  residing  in  or  employed 
within  his  district,  and  to  revoke  such  teacher's  cer- 
tificate. 395 

(1)  To  take  affidavits  and  administer  oaths  in  all 
matters  pertaining  to  the  public  school  system, 
but  without  charge  or  fee.  395 

(m)  To  take  and  report  to  the  commissioner  of 
education  testimony  in  a  case  on  appeal.  395 

The  witness  shall  be  entitled  to  receive  at  the  time  of  ser- 
vice the  same  fees  as  provided  by  law  for  witnesses  in  a 
court  of  record.  Disobedience  to  such  subpoena  shall  sub- 
ject the  delinquent  to  a  penalty  of  $25,  which  shall  be  re- 
covered by  the  county  treasurer  in  his  name  of  office  for  the 
benefit  of  the  county.  395 

In  such  a  case  or  in  any  matter  to  be  heard  or 
determined  by  the  district  superintendent  he  may 
issue  a  subpoena  to  compel  the  attendance  of  a  wit- 
ness. 395 

(ri)  To  exercise  in  his  discretion  any  of  the  powers 
and  perform  any  of  the  duties  of  another  district 
superintendent  on  the  written  request  of  such  other 
superintendent,  and  he  must  exercise  such  powers 
and  perform  such  duties  when  directed  to  do  so  by 
the  commissioner  of  education.  395 

(o)  To  make  such  investigations  and  to  make  such 
reports  to  the  commissioner  of  education  upon  any 
matter  or  act  as  said  commissioner  shall  from  time 
to  time  request.  395 


496         Appendix:  Changes  of  1910 

(p)  He  shall  make  an  annual  report  on  Sept.  1,  in 
such  form  and  giving  such  information  as  the  commis- 
sioner of  education  shall  require.  395 

For  this  purpose  he  shall  procure  the  reports  of  trustees 
of  school  districts  from  the  town  clerks'  offices  and  after 
abstracting  the  necessary  contents  thereof  shall  indorse  and 
deposit  them  with  a  copy  of  his  abstract  in  the  office  of  the 
county  clerk.  395 

A  district  superintendent  shall  be  subject  to  such 
rules  and  directions  as  the  commissioner  of  educa- 
tion shall  from  time  to  time  prescribe.  396 

A  district  superintendent  shall  in  addition  to 
the  duties  especially  conferred  upon  him  possess 
and  be  subject  to  all  the  powers,  duties,  and  respon- 
sibilities with  which  a  school  commissioner  is  charged. 
397 

Appeals  from  the  official  acts  of  a  district  superin- 
tendent of  schools  or  from  his  refusal  or  failure  to 
act  in  any  matter  in  which  he  may  legally  act,  may 
be  taken  to  the  commissioner  of  education.  398 

All  questions  in  controversy  relating  to  the  elec- 
tion of  such  district  superintendent  or  to  the  forma- 
tion of  a  supervisory  district  shall  be  determined  by 
the  commissioner  of  education  on  proper  appeal.  398 


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